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

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture, the Notes or the Note Guarantees; (b) to provide for the assumption by a Successor Company of the obligations of the Company or a Guarantor under this Indenture and the Notes pursuant to Article 11; (c) to add one or more guarantees with respect to the Notes; (d) to secure the NotesNotes or the Note Guarantees; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or the Guarantors under this Indenture, the Notes or the Note Guarantees; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jh) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (i) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount or a Minimum Specified Amount, or eliminate the Company’s right to elect a Settlement Method; provided that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions in Section 14.02; (j) to make PIK Payments (including to issue PIK Notes) or facilitate the same; (k) to make provisions with respect to conversion rights of the Holders pursuant to Section 14.07 in accordance with the applicable provisions of this Indenture; (l) to irrevocably elect or eliminate one comply with the rules of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Depositary; or (m) to comply with evidence the rules release of any applicable securities depositary Guarantor from its Note Guarantee in a manner that does not adversely affect the rights of any Holderaccordance with this Indenture. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes in any material respect as determined in good faith by the Company; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (lj) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent that no election or deemed election of any elect a Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orMethod; (mk) to comply with conform the rules provisions of this Indenture or the Notes to any applicable securities depositary in a manner that does not adversely affect provision of the rights “Description of any HolderNotes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, mistake, defect error or inconsistency; (b) to provide for the assumption by a Successor Company of the Company’s or any Note Guarantor’s obligations to Holders of the Company under this Indenture and Notes in the Notes case of a consolidation, amalgamation, or merger or sale of all or substantially all of the Company’s or a Note Guarantor’s assets pursuant to Article 11the terms of this Indenture; (c) to add guarantees additional Note Guarantees with respect to the NotesNotes or to confirm and evidence the release, termination or discharge of any Note Guarantee with respect to such Notes when such release, termination or discharge is permitted under this Indenture; (d) to secure the NotesNotes or the related Note Guarantees or to add additional assets as Collateral; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.0714.08; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (li) to comply with the rules of the Depositary; (j) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (k) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election permitted by this Indenture and/or irrevocably (or deemed election of for any Settlement Method or specified period) elect a minimum Specified Dollar Amount has been effectedAmount, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does which shall not adversely affect the rights of any Holderbe less than $1,000. Upon the written request of the Company, the Trustee is and the Notes Collateral Agent, if applicable, are hereby authorized to join with the Company and the Note Guarantors, if applicable, in the execution of any such amended or supplemental indenture, indenture or amendment or supplement to the other Notes Documents authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee or the Notes Collateral Agent, if applicable, shall not be obligated to, but may, to enter into any such amended or supplemental indenture or amendment or supplement to the other Notes Documents that affects the Trustee’s its own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Notwithstanding the foregoing, no Opinion of Counsel shall be required in connection with the addition of a Note Guarantor under this Indenture upon (i) execution and delivery by such Note Guarantor and the Trustee and the Notes Collateral Agent of a supplemental indenture to this Indenture, the form of which is attached as Exhibit D hereto, and (ii) delivery of an Officer’s Certificate complying with the provisions of Section 17.05 hereof. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Note Guarantors, if applicable, the Trustee and the Trustee Notes Collateral Agent, if applicable, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate, as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor Trustee, successor Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent or facilitate the administration of the trusts under this Indenture by more than one Trustee; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hj) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jk) to provide for or confirm the issuance of additional Notes in accordance with the limitations set forth in pursuant to this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (ml) to comply with the rules of any applicable securities depositary in a manner that the Depositary, so long as such amendment does not adversely affect the rights of any HolderHolder in any material respect. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyCompany and the Guarantors, when authorized by the resolutions of the Board each of Directors their respective Boards of Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company or the Guarantors under the Notes, this Indenture and or the Notes Guarantee pursuant to Article 11; (c) to add additional guarantees and/or guarantors with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company or the Guarantors for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or the Guarantors; (f) to make any change that does not adversely affect the rights of any Holder; (g) to adjust the Exchange Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or to facilitate the administration of the trusts by more than one trustee; (i) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; (j) to reflect the issuance of additional Notes as permitted by the Indenture; (k) to make any changes or modifications necessary in connection with the registration of the Notes under the Securities Act; provided, however, that such action does not adversely affect the interests of the Holders of Notes in any material respect; (l) to make any amendments or changes necessary to comply or maintain compliance with the Trust Indenture Act, if applicable; or (m) in connection with any Share Exchange EventSpecified Transaction, to provide that the Notes are convertible into exchangeable for Reference Property, subject to the provisions of described in Section 14.02, and make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in under this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is hereby authorized to to, and shall join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder of the Notes, the Company, when authorized by the resolutions of the a Board of Directors Resolution, and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyevidence the succession of another Person to the Company as obligor under this Indenture; (b) to evidence and provide for the assumption by acceptance or appointment of a Successor Company successor Trustee with respect to the Notes or facilitate the administration of the obligations of the Company trusts under this Indenture and the Notes pursuant to Article 11by more than one Trustee; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the CompanyCompany in this Indenture, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (d) to add or eliminate additional Events of Default; (e) to cure any ambiguity, defect or inconsistency in this Indenture, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (f) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” in the prospectus supplement applicable to the Notes at the time of the initial sale thereof; (g) to secure the Notes or add obligors or collateral; (h) to establish the form of any Securities and to provide for the issuance of any series of Securities under the Base Indenture and to set forth the terms thereof; (i) to provide for additional Notes; (j) to provide for the issuance of Notes in uncertificated form in addition to or in place of certificated Notes; (k) 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 a supplemental indenture making such addition, change or elimination 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; (l) to make any amendment to the provisions of this Indenture relating to the transfer and legending of Notes; provided, however, that (a) compliance with this Indenture as so amended would not result in Notes being transferred in violation of applicable securities law and (b) such amendment does not materially and adversely affect the rights of Holders to transfer Notes; (m) to make any change that does not adversely affect the rights of any HolderHolder of Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hn) to conform the provisions qualify or maintain qualification of this Indenture or under the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Trust Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Act; or (mo) to comply with the rules and regulations of any applicable securities depositary in a manner that does not adversely affect exchange or automated quotation system on which the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that Notes may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities listed or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02traded.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) comply with the rules of the Depositary; (j) permit for the issuance of additional Notes in accordance with this Indenture; (k) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (l) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably (or for any specified period) elect a minimum Specified Dollar Amount; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) , such conforming change to increase the Conversion Rate as provided be evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon on the Company; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to increase the Conversion Rate as provided in this Indenture; (i) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or facilitate the administration of the trusts under this Indenture by more than one trustee; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount or a range of Specified Dollar Amounts, or eliminate the Company’s right to elect a Settlement Method provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note surrendered pursuant to Article 14; or (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon On the written request of the Company, the Trustee is hereby authorized to to, and shall, join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanySection 901 of the Base Indenture shall not apply with respect to the Securities, and this Section 8.01 shall replace Section 901 of the Base Indenture in its entirety. Without the consent of any Holder, the Company (when authorized by a Board Resolution), the resolutions of the Guarantor (when authorized by a Board of Directors Resolution) and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyconform the provisions of the Indenture to the “Description of the Notes” section in the Offering Memorandum; (b) to evidence the succession and to provide for the assumption by a Successor Company successor Person of the obligations of Company’s or the Company Guarantor’s obligations, as applicable, under this Indenture and the Notes pursuant to Indenture, the Securities or the Guarantee in accordance with Article 119 hereof; (c) to add additional guarantees with respect to the NotesSecurities and to remove such additional guarantees in accordance with the terms of the Indenture and the Securities; (d) to secure the NotesSecurities, the Guarantee or any additional guarantee; (e) to increase the Exchange Rate of the Securities; (f) to add to the Company’s or the Guarantor’s covenants such further covenants, restrictions or Events of Default of the Company conditions for the benefit of the Holders (or any other holders) or surrender any right or power conferred upon the CompanyCompany or the Guarantor, as applicable, by the Indenture; (fg) to cure any ambiguity, omission, defect or inconsistency in the Indenture, the Securities or the Guarantee or to make any other change that does not adversely affect the rights of any Holder; (g) Holder in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07material respect; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandumprovide for a successor Trustee; (i) to increase irrevocably select a Settlement Method or Specified Dollar Amounts, or eliminate the Conversion Rate as provided in this Indenture;Company’s right to choose a particular Settlement Method, on exchange of the Securities; or (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request Applicable Procedures of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02Depository.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (k) to make provisions with respect to conversion rights of the Holders of the Notes as required under this Indenture; (l) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions described in Article 14; or (m) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding Section 10.02, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at Trustee may amend or supplement this Indenture and the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes to: (a) to cure any ambiguity, omission, defect ambiguity or inconsistencyomission or to correct or supplement any provision contained in this Indenture or the Notes which may be defective or inconsistent with any other provision in this Indenture or the Notes in a manner that does not adversely affect any Holder in any material respect as set forth in an Officer’s Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and or the Notes pursuant to in accordance with Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes or guarantees that may be added; (e) increase the Conversion Rate of the Notes; (ef) irrevocably select a Settlement Method or Specified Dollar Amount, or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any Holder, as determined in good faith by the Board of Directors and evidenced by a resolution of the Board of Directors delivered to the Trustee; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.02 and Section 14.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor Trustee; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum;; or (il) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, may enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions of Article 14; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any mistake, ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;; or (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to amend this Indenture or the Notes to comply with the rules of any applicable securities depositary, including the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note in accordance with Section 14.02; (k) to provide for the issuance of additional Notes; (l) to increase the Conversion Rate as provided in this Indenture; (jm) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent Trustee or facilitate the administration of the trusts under this Indenture by more than one trustee trustee, in each case, with respect to the Notes provide for or paying agentconfirm the issuance of additional notes pursuant to this Indenture; (ln) provide for or confirm the issuance of additional Notes pursuant to this Indenture; and (o) to irrevocably elect permit the qualification of this Indenture or eliminate one any supplemental indenture under the Trust Indenture Act of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected1939, all as described then in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holdereffect. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, Company (when authorized by the resolutions of the Board of Directors Directors) and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase provide for the Conversion Rate issuance of additional Notes as provided in permitted under this Indenture; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderHolder under the Indenture or the Notes in any material respect; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumProspectus as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; or (n) to comply with any requirements of the rules Commission or any successor in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may may, along with the Trustee, from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this the Indenture and the Notes pursuant to Article 1110; (c) to add guarantees with respect to the Notes; (d) to provide for the issuance of additional Notes; (e) to secure the Notes; (ef) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (fg) to make any change that does not adversely affect the rights of any Holder, as confirmed by an Officer’s Certificate delivered to the Trustee; (gh) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0211.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum;11.07; or (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effectedAmount; provided, all as described in however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder11.02. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 9.02 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.029.03.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency (including any mistake or inconsistency between this Indenture and the Investment Agreement, as determined by the Company in good faith); (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee; (i) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture14.06; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary Depositary, including The Depository Trust Company, in a manner that does not adversely affect the rights of any Holder; (k) to irrevocably elect a Settlement Method or a Specified Dollar Amount in accordance with Section 14.02(a)(iii), or eliminate the Company’s right to elect a Settlement Method. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02. After any such supplemental indenture becomes effective, the Company shall deliver to the Holders (with a copy to the Trustee) a notice briefly describing such supplemental indenture. However, the failure to give such notice to all the Holders (with a copy to the Trustee), or any defect in the notice, will not impair or affect the validity of the supplemental indenture.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder‎‎Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Prospectus, as evidenced by an Officer’s Certificate; (h) comply with any requirement of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (i) to increase the Conversion Rate as provided in Article 14; (j) provide for the issuance of additional Notes in accordance with the limitations set forth in Section 2.10. (k) to provide for the acceptance or appointment of a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (l) irrevocably elect one or more, or eliminate any of, the settlement methods or irrevocably select a Specified Dollar Amount; or (m) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required contemplated by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding Section 10.02, without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Guarantors (if applicable) and the TrusteeTrustee may amend or supplement this Indenture, at the Company’s expense, may from time to time and at any time enter into an indenture Notes or indentures supplemental hereto for one or more of the following purposesNote Guarantees to: (a) to cure any ambiguityambiguity or to correct or supplement any provision contained in this Indenture, omissionthe Notes or the Note Guarantees which may be defective or inconsistent with any other provision in this Indenture, defect the Notes or inconsistencythe Note Guarantees; (b) to provide for the assumption by a Successor Company of the obligations of the Company or any Guarantor under this Indenture and Indenture, the Notes pursuant to or the Note Guarantees in accordance with Article 11; (c) to add additional guarantees with respect to the Notes; (d) to secure the Notes; (e) increase the Conversion Rate of the Notes; (f) select a Settlement Method or Specified Dollar Amount, or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any Holder, as determined in good faith by the Board of Directors and evidenced by a resolution of the Board of Directors delivered to the Trustee; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.02 and Section 14.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum;; or (il) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holders, Parent and the Company, when authorized by the resolutions of the a Board of Directors Resolution, and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (ai) to cure any ambiguityambiguity or omission or correct any inconsistent or otherwise defective provision contained herein, omission, defect or inconsistencyso long as such action does not adversely affect the interests of the Holders; (bii) to provide for the assumption by a Successor Company successor corporation of Parent’s obligations under the indenture or assumption by a successor corporation of the Company’s obligations of under the Company under this Indenture and the Notes pursuant to Article 11indenture; (ciii) to add guarantees with respect to the NotesSecurities; (div) to secure provide security for the NotesSecurities; (ev) to add to the covenants of Parent or Events of Default of the Company for the benefit of the Holders Holders, or to surrender any right or power herein conferred upon Parent or the Company; (fvi) to make any change that does not adversely affect the rights of any Holder; (gvii) to comply with any requirement of the Commission in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms qualification of the Notes to Indenture under the extent expressly required by Section 14.07Trust Indenture Act; (hviii) to conform the provisions of this Indenture or the Notes appoint a successor Trustee with respect to the “Description of Notes” section of the Offering Memorandumindenture; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mix) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized Depository; or (x) to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by conform the provisions of this Section 10.01 may be executed by Indenture to the Company and “Description of Notes” section contained in the Trustee without the consent of the Holders of any of the Notes at the time outstandingfinal offering memorandum dated May 5, notwithstanding any of the provisions 2011.” (hh) The first paragraph of Section 10.02.14.02 shall be amended and restated in full as follows:

Supplemental Indentures Without Consent of Holders. The CompanyCompany and Subsidiary Guarantors, when authorized by the resolutions of the Board of Directors of the Company, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and pursuant to Article 11, or to provide for the Notes assumption by a Successor Subsidiary Guarantor of the obligations of a Subsidiary Guarantor under this Indenture pursuant to Article 11; (c) to add guarantees or collateral with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to provide for the conversion of Notes in accordance with the terms of this Indenture; (g) to make any change that does not adversely affect the rights of any Holder; (gh) to comply with any requirement of the Securities and Exchange Commission with any qualification of this Indenture under the Trust Indenture Act (if the Company elects to qualify this Indenture under the Trust Indenture Act); (i) to comply with the applicable procedures of the Depositary; (j) to increase the Conversion Rate as provided in this Indenture; (k) to provide for the appointment of a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee, in each case, in accordance with this Indenture; (l) to irrevocably elect or eliminate the right to elect a Settlement Method or irrevocably elect a Specified Dollar Amount; provided, however, that no such election or elimination will affect the Settlement Method applicable to any conversion whose Conversion Date occurs before such election or elimination; (m) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and to make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07Notes; (hn) to conform the provisions of release Collateral as explicitly permitted by this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumSecurity Documents; (io) to increase subordinate the Conversion Rate as provided Liens on the Collateral in this Indenture; (j) to provide for the issuance of additional Notes in accordance connection with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary Permitted Refinancing in a manner reasonably acceptable to Holders of at least a majority of the of the aggregate principal amount of the Notes then outstanding; provided that does not no Holder shall be adversely affect affected in a manner different from any other Holder; and (p) to add to the rights covenants of the Company for the benefit of the Holders or to surrender any Holderright or power herein conferred upon the Company or any Subsidiary. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expenseexpense and direction, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect inconsistency or inconsistencycorrect or supplement any defective provision contained in this Indenture or the Notes in a manner that does not adversely affect the rights of any Holder; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 (Consolidation, Merger, Sale, Conveyance and Lease); (c) to add guarantees with respect to the Notes; (d) to otherwise secure the Notes; (e) to add to the covenants or Events of Default Defaults of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect upon the rights occurrence of any Holder;transaction or event described in Section 13.08(a) (Effect of Recapitalizations, Reclassifications and Changes of the Ordinary Shares), to (gi) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to Section 13.08 (Effect of Recapitalizations, Reclassifications and Changes of the provisions of Section 14.02Ordinary Shares), and make such and (ii) effect the related changes to the terms of the Notes described under Section 13.08(a), in each case, in accordance with Section 13.08 (Effect of Recapitalizations, Reclassifications and Changes of the Ordinary Shares); (g) to evidence and provide for the extent expressly required assumption by Section 14.07a successor trustee of the obligations of the Trustee under this Indenture pursuant to Article 7 (Concerning the Trustee); (h) to conform the provisions of effect any change to this Indenture in a manner necessary to comply with the procedures of Euroclear or the Notes to the “Description of Notes” section of the Offering Memorandum;Clearstream; or (i) to increase the Conversion Rate as provided in this Indenture; (j) make any other changes to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does do not adversely affect the rights interests of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.0210.02 (Supplemental Indentures with Consent of Holders).

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default Defaults of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;this Indenture (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee (i) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; or (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance of additional Additional Notes as provided for in accordance with the limitations set forth in Section 2.10 of this Indenture; (kj) to provide for the appointment of and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (k) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (provided that no such election or elimination will affect any Settlement Method previously elected (or deemed to be elected) with respect to any Note); (l) to irrevocably elect conform the provisions of this Indenture or eliminate one the Notes to any provision of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to “Description of Notes” section of the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effectedProspectus, all as described certified by the Company in Section 14.02(a)(iii)(B)an Officer’s Certificate; or (m) to comply with any requirement of the rules Commission in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyCompany or any Guarantor (with respect to its Note Guarantee), when authorized by the resolutions of the a Board of Directors Resolution and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto hereto, any amendment or supplement to the Notes Documents or any Collateral Documents, without notice to, or the consent of, Holders, for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to provide for any Subsidiary to provide a Note Guarantee, to add guarantees with respect to the Notes, to add security to or for the benefit of the Notes, or to confirm and evidence the release, termination, discharge or retaking of any guarantee or Lien with respect to or securing the Notes when such release, termination, discharge or retaking is provided for under this Indenture or the other Notes Documents, as applicable; (d) to secure provide for the Notesrelease of Collateral from the Lien pursuant to this Indenture and the Collateral Documents when permitted or required by this Indenture; (e) to add to the covenants or Events of Default of the Company or provide for a Note Guarantee for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or any other Note Document; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any upon the occurrence of a Share Exchange Event, solely to (i) provide that the Notes are convertible into Reference Property, subject to Property and (ii) effect the provisions of Section 14.02, and make such related changes to the terms of the Notes to described in Section 14.05, in each case, in accordance with the extent expressly required by Section 14.07;provisions of this Indenture; or (h) to conform mortgage, pledge, hypothecate or grant any other Lien in favor of the provisions Collateral Agent for its benefit and the benefit of this Indenture the Secured Parties as additional security for the payment and performance of all or any portion of the Obligations, in any property or assets, including any which are required to be mortgaged, pledged or hypothecated, or in which a Lien is required to be granted to or for the benefit of the Trustee or the Notes Collateral Agent pursuant to the “Description of Notes” section this Indenture, any of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional other Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent Documents or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderotherwise. Upon the written request of the Company, and subject to Section 10.05, the Trustee is and the Collateral Agent are hereby authorized to join with the Company in the execution of any such supplemental indentureindenture or any amendment or supplement to the Notes Documents, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee and the Collateral Agent shall not be obligated to, but maymay in their respective discretion, enter into any supplemental indenture indenture, or any amendment or other supplement to the Notes Documents, that affects the Trustee’s own or the Collateral Agent’s respective rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. For the avoidance of doubt, an Opinion of Counsel shall be required in connection with the addition of a Guarantor under this Indenture upon execution and delivery by such Guarantor and the Trustee of a supplemental indenture to this Indenture. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Trustee and the Trustee Collateral Agent without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to provide for the assumption by a Successor Guarantor of the obligations of the applicable Guarantor under its Note Guarantee and this Indenture pursuant to Section 13.04; (d) to add guarantees with respect to the Notes; (de) to secure the Notes; (ef) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (fg) to make any change that does not adversely affect the rights of any Holder; (gh) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.04, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum14.09; (i) to increase adjust the Conversion Rate as provided in pursuant to this Indenture; (j) to provide for increase the issuance outstanding principal amount of additional the Notes in accordance with by the limitations set forth in applicable Make-Whole Amount pursuant to this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.10 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;trustee; or (l) to irrevocably elect or eliminate one comply with any requirement of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described Commission in Section 14.02(a)(iii)(B); or (m) to comply connection with the rules qualification or to maintain the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding Section 10.02, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at Trustee may amend or supplement this Indenture and the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes to: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture or in the Notes; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and or the Notes pursuant to in accordance with Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Specified Corporate Event, to provide provided that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (h) to comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (i) conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this IndentureSection 2.10(a); (k) to provide for the acceptance appointment of appointment by a successor trustee, registrarSecurity Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agentConversion Agent; (l) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; or (m) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a minimum Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderAmount. Upon the written request direction of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jh) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (li) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount or a Minimum Specified Amount, or eliminate the Company’s right to the extent elect a Settlement Method; provided that no such election or deemed election of elimination will affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described deemed to be elected) with respect to any Note pursuant to the provisions in Section 14.02(a)(iii)(B)14.02; (j) to conform the provisions of this Indenture or the Notes to any provision of the pricing term sheet delivered to holders on or about September 30, 2024, as certified by the Company in an Officer’s Certificate; (k) to make provisions with respect to conversion rights of the Holders pursuant to Section 14.07 in accordance with the applicable provisions of this Indenture; or (ml) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderDepositary. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act, if applicable) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hj) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder; (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; Memorandum (i) to increase the Conversion Rate as provided for in this Indenture; (j) to provide for an Officer’s Certificate delivered by the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Company to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (ml) to comply with any requirement of the rules Commission in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, the Company and the Guarantors, when authorized by the resolutions of the Board their respective Boards of Directors (or similar governing body) and the Trustee, at the Company’s sole expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes in writing for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company successor Person of the obligations of the Company or a Guarantor under this Indenture and or the Notes pursuant in accordance with this Indenture or to Article 11provide for the release of any Guarantor in accordance with Section 13.10; (c) to add additional guarantees with respect to the Notes; (d) to secure the NotesNotes or the Guarantees; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that that, as determined by the Board of Directors of the Company in good faith, does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase the Conversion Rate as provided in this Indenture[reserved]; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent or Conversion Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) [reserved]; (m) increase the Conversion Rate as provided in this Indenture; or (n) to make any change to comply with rules of the Depositary, so long as such change does not adversely affect the rights of any Holder, as certified in good faith by the Company in an Officer’s Certificate. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is hereby authorized to to, and shall, join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; provided, however, that (i) no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02 and (ii) such irrevocable election or elimination can in no event result in a Specified Dollar Amount of less than $1,000 per $1,000 principal amount of Notes applying to the conversion of any Note; (h) in connection with any Share Exchange Event, to provide that the Notes are convertible into units of Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hi) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mj) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderDepositary. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Circular. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum and as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount, provided, however, that no such election or elimination will affect any settlement method theretofore elected (or deemed elected) with respect to any Note pursuant to the provisions of Article 14; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees or co-obligors with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) to conform provide for the provisions acceptance of appointment by a successor Trustee in accordance with this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumIndenture; (i) to increase comply with the Conversion Rate rules of any applicable Depositary, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to provide permit for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration comply with any requirement of the trusts under Commission in connection with the qualification of this Indenture by more than one trustee or paying agentunder the Trust Indenture Act so long as such amendment does not adversely affect the rights of any Holder in any material respect; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a minimum Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Amount; or (m) to comply with conform the rules provisions of any applicable securities depositary in a manner that does not adversely affect this Indenture or the rights Notes to the “Description of any Holdernotes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding anything to the contrary in this Article 10, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) enter into supplemental indentures pursuant to, and in accordance with, the provisions described in Section 14.07 in connection with any Share Exchange a Common Stock Change Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in a material respect; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect one or more particular Settlement Methods as permitted under this Indenture; (j) in connection with any Share Exchange Common Stock Change Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02as provided, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hk) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder of Notes; (l) comply with any requirement of the Commission relating to the qualification of this Indenture under the Trust Indenture Act of 1939, as amended; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder other than as permitted or required by this Indenture; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum[reserved]; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency;; ​ ​ (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee; (i) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hj) comply with the rules of the Depositary in a manner that does not adversely affect the rights of any Holder; (k) irrevocably elect a Cash Percentage with respect to a conversion of Notes; provided, however, that no such election will affect any Cash Percentage theretofore elected (or deemed to be elected) with respect to any Note pursuant to Article 14; and (l) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate Memorandum as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment evidenced by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in ‎Section 10.02, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02; (h) in connection with any Share Exchange Event, to provide that the Notes are convertible into units of Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07;; or (hi) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officer’s Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11XI; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum[reserved]; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, may enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect in any material respect the rights of any HolderHolder (as determined in good faith by the Company and evidenced by an Officer’s Certificate); (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (i) to provide for the acceptance of appointment by a successor trustee pursuant to this Indenture or facilitate the administration of the trusts under this Indenture by more than one trustee; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;; or (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount (or a minimum Specified Dollar Amount), or to eliminate the extent Company’s right to elect a Settlement Method; provided, however, that no such election or deemed election of elimination shall affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described in deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder14.02. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding Section 10.02, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at Trustee may amend or supplement this Indenture and the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes to: (a) to cure any ambiguity, omission, defect ambiguity or inconsistencyto correct or supplement any provision contained in this Indenture or the Notes which may be defective or inconsistent with any other provision in this Indenture or the Notes; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and or the Notes pursuant to in accordance with Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) increase the Conversion Rate of the Notes; (f) select a Settlement Method or Specified Dollar Amount, or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any Holder, as determined in good faith by the Board of Directors and evidenced by a resolution of the Board of Directors delivered to the Trustee; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.02 and Section 14.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum;; or (il) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyIssuer, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the CompanyIssuer’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (db) to secure the Notes; (ec) to add to the covenants or Events of Default of the Company Issuer for the benefit of the Holders or surrender any right or power conferred upon the CompanyIssuer under this Indenture; (d) to decrease the Exchange Price as provided in ‎Article 14; (e) to provide for the acceptance or appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (f) irrevocably elect one or more, or eliminate any of, the Settlement Methods or a Specified Dollar Amount; (g) to make any change amend ‎Section 2.05 of this Indenture and the transfer and exchange provisions of the Affiliate Note solely to facilitate transfers and exchanges of the Affiliate Note and the removal of the legend described in ‎Section 2.05(c)(ii) in a manner that does not violate the applicable procedures of the Depositary or adversely affect the rights of any Holder;; provided, that any such amendment does not impair the Issuer’s ability to effect the removal of the restrictive legend required by ‎Section 2.05(c) and the assignment of an unrestricted CUSIP number to any Note (other than the Affiliate Note) on or after the Resale Restriction Termination Date; or (gh) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible exchangeable into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon On the written request of the CompanyIssuer, the Trustee is hereby authorized to to, and shall join with the Company Issuer and the Guarantors in the execution of any such supplemental indentureindenture pursuant to this Section 10.01, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but may, may enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company Issuer, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (lj) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent that no election or deemed election of any elect a Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orMethod; (mk) to comply with conform the rules provisions of this Indenture or the Notes to any applicable securities depositary provision of the “Description of Notes” section of the Offering Memorandum, as certified by the Company in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto or any amendment or supplement to any Notes Documents for one or more of the following purposes: (a) to cure any ambiguity, mistake, omission, defect or inconsistency;inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11; (c) to add guarantees with respect to the Notes;, or to confirm and evidence the release, termination or discharge of any guarantee with respect to the Notes when such release, termination or discharge is permitted under this Indenture or the other Notes Documents, as applicable; (d) to secure the Notes;Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company;Company under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder;Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture;Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;trustee; or (lj) to irrevocably elect or eliminate one of the a Settlement Methods Method and/or irrevocably elect a minimum Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderAmount. Upon the written request of the Company, the Trustee is and Collateral Agent, as applicable, are hereby authorized to to, and shall join with the Company in the execution of any such supplemental indentureindenture or any amendment or supplement to any Notes Document, to make any further appropriate agreements and stipulations that may be therein contained, but except that neither the Trustee nor the Collateral Agent shall not be obligated to, but mayeach may in its discretion, enter into any supplemental indenture or any amendment or supplement to any Notes Document that affects the Trustee’s or Collateral Agent’s own rights, duties, privileges, liabilities or immunities under this Indenture Indenture, the Notes Documents or otherwise. Any supplemental indenture or any amendment or supplement to any Notes Document authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Trustee, and the Trustee Collateral Agent, as applicable, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under the Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor Trustee, successor security registrar, successor Paying Agent, successor Bid Solicitation Agent or successor Conversion Agent or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a); (j) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hk) comply with the requirements of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (l) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; or paying agent; Table of Contents (lm) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent elect a Settlement Method; provided, however, that no such election or deemed election of elimination will affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mdeemed to be elected) with respect to comply with any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) comply with the rules of the Depositary; (j) permit for the issuance of additional Notes in accordance with this Indenture; (k) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (l) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably (or for any specified period) elect a minimum Specified Dollar Amount; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) , such conforming change to increase the Conversion Rate as provided be evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, may enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, ‎Section 14.02 and make such related changes to the terms of the Notes to the extent expressly required by Section in accordance with ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent Conversion Agent pursuant to ‎Section 7.09 or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (j) to irrevocably elect or paying agenteliminate a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; (k) to make provisions with respect to conversion rights of the Holders pursuant to ‎Section 14.07 and make certain related changes to the terms of the Notes as required by such Section; (l) to irrevocably elect or eliminate one provide for the issuance of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)additional Notes; or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect depositary, including the rights of any HolderDepositary. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holders, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Cash Percentage with respect to conversions of Notes; provided that no such election shall affect any Cash Percentage theretofore elected (or deemed elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder‎Section 14.02. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) to increase the Conversion Rate as provided in this Indenture; (h) provide for the issuance of additional Notes as permitted under Section 2.10 of this Indenture; (i) to provide for the appointment of and acceptance of appointment by a successor Trustee pursuant to Section 7.09 or facilitate the administration of the trusts under this Indenture by more than one trustee; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, that no such election or elimination will affect any Settlement Method previously elected (or deemed to be elected) with respect to any Note pursuant to the provisions of ‎‎Article 14; (k) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07;; or (hl) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum; (i) to increase , as certified by the Conversion Rate as provided Company in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall, join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07the Indenture; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner than does not adversely affect the rights of any Holder; (l) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount, including by means of an Irrevocable Settlement Election; provided, however, that no such election or elimination shall affect any Settlement Method heretofore elected (or deemed elected) with respect to any Notes pursuant to Section 14.02(a); (m) to increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or and the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Subsidiary Guarantor and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Person of the obligations of the Company or Subsidiary Guarantor under the Notes and this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to provide for the issuance of additional Notes; (e) to secure the Notes; (ef) to add to the covenants or Events of Default of the Company or the Subsidiary Guarantor for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or Subsidiary Guarantor under this Indenture; (fg) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (gh) in connection with any Share Exchange Common Stock Change Event, subject to the provisions of Section 14.02, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, Property and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hi) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this IndentureTrust Indenture Act; (j) to provide for appoint a successor trustee with respect to the issuance of additional Notes in accordance with the limitations set forth in this Indenture;Notes; or (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a minimum Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderAmount. Upon the written request of the CompanyCompany and the Subsidiary Guarantor, the Trustee is hereby authorized to join with the Company and the Subsidiary Guarantor in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Subsidiary Guarantor and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts under this Indenture by more than one trustee; (i) to irrevocably elect, or eliminate the Company’s right to elect, a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14; or (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;; or (hk) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11XI; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07this Indenture; (h) to irrevocably elect a Cash Percentage; (i) to conform this Indenture to the requirements of the Trust Indenture Act as then in effect; (j) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee; or (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of in the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election such provision in the “Description of any Settlement Method or Specified Dollar Amount has been effectedNotes” was intended to be a verbatim recitation of a provision of this Indenture, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderevidenced by an Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time time, without the consent of any Holder, enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 hereof; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform increase the provisions of this Indenture Conversion Rate pursuant to Section 14.03, Section 14.04 or the Notes to the “Description of Notes” section of the Offering MemorandumSection 14.05; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes solely in accordance with the limitations set forth in this Indenture; (kj) to provide for the acceptance of appointment by a successor trusteetrustee pursuant to Article 7, or by a successor security registrar, paying agent, bid solicitation agent or conversion agent pursuant to this Indenture or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (lk) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orAmount; (ml) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum as set forth in an Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstandingOutstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11XI; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or to facilitate the administration of the trusts by more than one trustee; (i) in connection with any Share Exchange EventMerger Event described in Section 13.07, to provide that the Notes are convertible into Reference Property, subject to the provisions of described in Section 14.0213.02, and to make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (k) to make provisions with respect to conversion rights of the Holders required under this Indenture; or (l) to conform the provisions of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum referred to in clause (i) of such definition. With respect to clause (l) above, the supplemental indenture shall describe such conforming changes to the Indenture. The Company shall deliver an Officer’s Certificate to the Trustee that the Company is entering into such supplemental indenture to conform the Indenture to the “Description of Notes” in such Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time amend the Notes or enter into an indenture or indentures supplemental hereto in each case for one or more of the following purposes: (a) to cure any mistake, ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Corporation of the obligations of the Company under the Notes and this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not not, individually or in the aggregate with all other such changes, materially adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0714.06; (h) to conform comply with the provisions rules of this Indenture or any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the Notes to the “Description rights of Notes” section of the Offering Memorandumany Holder in any material respect; (i) to increase the Conversion Rate as provided in this IndentureIndenture (including, without limitation, as provided in Section 14.03(h)); (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a Trustee or successor trusteeTrustee, security registrar, paying agentPaying Agent or Conversion Agent, bid solicitation agent or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (k) to make PIK Payments (including to issue PIK Notes) or paying agent;facilitate the same; or (l) to irrevocably elect or eliminate one of establish the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Conversion Rate applicable to additional Notes issued pursuant this Indenture to the extent permitted by the terms hereof; provided, that no election or deemed election the terms and conditions applicable to such additional Notes (other than the Conversion Rate) shall be identical to the terms and conditions of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect Notes initially issued on the rights of any Holderdate hereof. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such amendment or supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any amendment or supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any amendment or supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the TrusteeTrustee and the Collateral Agent, at the Company’s sole expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture, the Notes or the Related Collateral Documents in writing for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture, the Notes or the Related Collateral Documents; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees a Subsidiary Guarantor or release a Subsidiary Guarantor in accordance with respect to this Indenture, the NotesNotes or the Related Collateral Documents; (d) to add additional assets as Collateral to secure the NotesNotes or any Subsidiary Guaranty; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that that, as determined by the Board of Directors in good faith, does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase the Conversion Rate as provided in this Indenture[reserved]; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent, Conversion Agent or Collateral Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) [reserved]; (m) to increase the Conversion Rate as provided in this Indenture; (n) to release Collateral in accordance with the terms of this Indenture and the Related Collateral Documents; (o) to make, complete or confirm any grant of Collateral permitted or required under this Indenture, the Notes or any of the Related Collateral Documents or enter into additional or supplemental Related Collateral Documents in accordance with this Indenture and the Related Collateral Documents; or (p) to make any change to comply with rules of the Depositary, so long as such change does not adversely affect the rights of any Holder, as certified in good faith by the Company in an Officer’s Certificate. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is and, as applicable, the Collateral Agent, are hereby authorized to to, and shall, join with the Company in the execution of any such supplemental indentureindenture or amendment, to make any further appropriate agreements and stipulations that may be therein contained, but the neither the Trustee nor the Collateral Agent shall not be obligated to, but mayeach may in its discretion, enter into any supplemental indenture or amendment that affects the Trusteesuch Person’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture or amendment to any Related Collateral Document authorized by the provisions of this Section 10.01 may be executed by the Company and Company, the Trustee and, as applicable, the Collateral Agent, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding Section 10.02, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at Trustee may amend or supplement this Indenture or the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes to: (a) to cure any ambiguity, mistake, omission, defect or inconsistencyinconsistency in this Indenture or the Notes; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and or the Notes pursuant to in accordance with Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes or any guarantees; (e) increase the Conversion Rate of the Notes; (ef) irrevocably select a Settlement Method or Specified Dollar Amount (or minimum Specified Dollar Amount or range of Specified Dollar Amounts), or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the Company’s covenants or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as determined in good faith by the Board of Directors; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor Trustee; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) comply with the rules of The Depository Trust Company (or any successor Depositary); or (l) conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Preliminary Offering Memorandum;, as supplemented by the related pricing term sheet; or (im) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes in any material respect as determined in good faith by the Company; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, ‎Section 14.02 and make such related changes to the terms of the Notes to the extent expressly required by Section in accordance with ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to ‎Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (lj) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent that no election or deemed election of any elect a Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orMethod; (mk) to comply with conform the rules provisions of this Indenture or the Notes to any applicable securities depositary in a manner that does not adversely affect provision of the rights “Description of any HolderNotes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in this Indenture or the Notes, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect add guarantees with respect to the Notes or inconsistencyto secure the Notes; (b) to provide for evidence the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0713.07; (d) to irrevocably elect one Settlement Method or irrevocably eliminate one or more Settlement Methods or irrevocably elect a Specified Dollar Amount to be applicable to Combination Settlements; (e) to surrender any right or power herein conferred upon the Company; (f) to add to the covenants or Events of Default of the Company for the benefit of the Holders; (g) to cure any ambiguity or correct or supplement any defect, mistake or inconsistency in the Indenture; (h) to modify or amend the Indenture to permit the qualification of the Indenture or any indenture supplemental thereto under the Trust Indenture Act; (i) to evidence the acceptance of the appointment under this Indenture of a successor Trustee in accordance with the terms of this Indenture; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance conversion rights of appointment by a successor trustee, registrar, paying agent, bid solicitation agent Holders of Notes if any reclassification or conversion agent or facilitate the administration change of the trusts under this Indenture by more than one trustee Common Stock or paying agentany consolidation, merger or sale or other disposition of all or substantially all of the Company’s assets occurs; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of the Depositary; (m) to change the Conversion Rate in accordance with this Indenture; or (n) to make any applicable securities depositary in a manner change that does not materially adversely affect the rights of any HolderHolder under the Indenture or the Notes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto to the Indenture, or amend the Notes, without the consent of any Holder for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency that does not adversely affect any Holder, or to eliminate any conflict with the terms of the Trust Indenture Act (it being understood that the Trustee shall not be responsible for making any determination as to whether or not such change adversely affects any Holder or eliminates any such conflict); (b) to provide for the assumption by a Successor Company of the Company’s obligations of under the Company under this Indenture and the Notes pursuant to Article 11X; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the Company’s covenants or to Events of Default of the Company for the benefit of the Holders or to surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights under the Indenture of any Holder (it being understood that the Trustee shall not be responsible for making any determination as to whether such adversely affects the rights of any Holder); (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07Indenture; (h) to provide for the issuance of additional Notes solely in accordance with the limitations set forth in the Indenture; (i) to comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act; (j) to provide for the acceptance of appointment by a successor trustee pursuant to Article Seven of the Base Indenture or to facilitate the administration of the trusts by more than one trustee; (k) to irrevocably elect a Settlement Method or a Specified Dollar Amount; (l) to comply with the Applicable Procedures of the Depositary for the Notes; or (m) to conform the provisions of this the Indenture or the Notes to the “Description of Notes” section in the Prospectus Supplement, related to the offering of the Offering Memorandum; Notes, as evidenced by an Officer’s Certificate (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount which Officer’s Certificate shall be delivered to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, accompanied by (i) a certified copy of resolutions of the Board of Directors authorizing the execution of any such supplemental indenture or such amendment to the Notes; (ii) an Officers’ Certificate; and (iii) an Opinion of Counsel stating that the execution of such supplemental indenture or amendment is authorized or permitted by the Indenture, and an Opinion of Counsel in accordance with Section 12.05 of the Base Indenture and stating that such amended or supplemental indenture or amendment will be the legal, valid and binding obligation of the Company in accordance with its terms, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indentureindenture or such amendment, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any unless such supplemental indenture that or amendment affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such supplemental Indenture. Any supplemental indenture or amendment authorized by the provisions of this Section 10.01 9.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.029.02. Notwithstanding anything to the contrary in the Indenture or the Notes, this Section 9.01 shall apply to the Notes in lieu of Section 9.01 of the Base Indenture.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto amend this Indenture for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance of additional Notes in accordance with the limitations set forth in this IndentureSection 2.10; (kj) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (k) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; or (l) to conform the provisions of this Indenture or the Notes to the “Description of notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act, if applicable) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11;‌ (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any HolderHolder;‌ (g) increase the Conversion Rate as provided in this Indenture; (gh) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hj) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder; (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; Memorandum (i) to increase the Conversion Rate as provided for in this Indenture; (j) to provide for an Officer’s Certificate delivered by the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Company to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (ml) to comply with any requirement of the rules Commission in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expenseexpense and without notice, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure or supplement any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this the Indenture and the Notes pursuant to Article 116 or Section 12.07; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make comply with any change that does not adversely affect requirement of the rights Commission in connection with the qualification of any Holderthe Indenture under the Trust Indenture Act; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this the Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumPreliminary Prospectus Supplement, as supplemented by the related pricing term sheet, as certified by an Officers’ Certificate; (h) to evidence and provide for the appointment under the Indenture of a successor Trustee; or (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of make any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner other change that does not adversely affect the rights interests of the Holders in any Holdermaterial respect. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s its own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 7.02 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.027.03.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, successor security registrar, paying agentsuccessor Paying Agent, bid solicitation agent successor Bid Solicitation Agent or conversion agent or successor Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Section 14.02(a). Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, Trustee at the Company’s expense, may any time and from time to time and at may without notice to, or the consent of, any time Holder enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes:purposes in addition to the purposes set forth in Section 9.1 of the Original Indenture (as amended hereby with respect to the Notes): (ai) to cure any ambiguity, omission, defect or inconsistencyinconsistency as set forth in an Officers’ Certificate; (bii) to provide for the assumption by a Successor Company successor corporation of the obligations of the Company under this Indenture and the Notes pursuant to Article 118; (ciii) to add guarantees with respect to the Notes; (div) to secure the Notes; (ev) to add to the Company’s covenants or Events of Default of the Company for the benefit of the Holders or surrender any right rights or power conferred upon the Company; (fvi) to make any change that does not adversely affect the rights of any Holder; (gvii) in connection with any upon the occurrence of a Share Exchange Event, solely to (i) provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02Article 5 above, and make such (ii) effect the related changes to the terms of the Notes to as described in Section 5.12, in each case, in accordance with the extent expressly required by Section 14.07applicable provisions of this Indenture; (hviii) to eliminate, in the aggregate, any one or two Settlement Methods or, in the case of Combination Settlement, irrevocably elect a Specified Dollar Amount; (ix) to comply with any requirement of the SEC in connection with the qualification of the Indenture under the Trust Indenture Act; or (x) to conform the provisions of this the Indenture or the Notes to the section entitled “Description of the Notes” section in the preliminary prospectus supplement dated October 26, 2015, as supplemented by the related pricing term sheet dated October 27, 2015 relating to the offering and sale of the Offering Memorandum; (i) to increase the Conversion Rate Notes, as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration an Officers’ Certificate. For purposes of the trusts under this Indenture by more than one trustee or paying agent; Notes, clauses (la), (b), and (d) to irrevocably elect or eliminate one of Section 9.1 of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Original Indenture shall be deemed to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described be deleted in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02their entirety.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto to the Indenture, or amend the Notes, without the consent of any Holder for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency that does not adversely affect any Holder, or to eliminate any conflict with the terms of the Trust Indenture Act (it being understood that the Trustee shall not be responsible for making any determination as to whether or not such change adversely affects any Holder or eliminates any such conflict); (b) to provide for the assumption by a Successor Company of the Company’s obligations of under the Company under this Indenture and the Notes pursuant to Article 11X; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the Company’s covenants or to Events of Default of the Company for the benefit of the Holders or to surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights under the Indenture of any Holder (it being understood that the Trustee shall not be responsible for making any determination as to whether such adversely affects the rights of any Holder); (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07Indenture; (h) to provide for the issuance of additional Notes solely in accordance with the limitations set forth in the Indenture; (i) to comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act; (j) to provide for the acceptance of appointment by a successor trustee pursuant to Article Six of the Base Indenture or to facilitate the administration of the trusts by more than one trustee; (k) to irrevocably elect a Settlement Method or a Specified Dollar Amount; (l) to comply with the Applicable Procedures of the Depositary for the Notes; or (m) to conform the provisions of this the Indenture or the Notes to the “Description of Notes” section in the Prospectus Supplement, related to the offering of the Offering Memorandum; Notes, as evidenced by an Officer’s Certificate (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount which Officer’s Certificate shall be delivered to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, accompanied by (i) a certified copy of resolutions of the Board of Directors authorizing the execution of any such supplemental indenture or such amendment to the Notes; (ii) an Officer’s Certificate; and (iii) an Opinion of Counsel stating that the execution of such supplemental indenture or amendment is authorized or permitted by the Indenture, and an Opinion of Counsel in accordance with Section 102 of the Base Indenture and stating that such amended or supplemental indenture or amendment will be the legal, valid and binding obligation of the Company in accordance with its terms, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indentureindenture or such amendment, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any unless such supplemental indenture that or amendment affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such supplemental Indenture. Any supplemental indenture or amendment authorized by the provisions of this Section 10.01 9.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.029.02. Notwithstanding anything to the contrary in the Indenture or the Notes, this Section 9.01 shall apply to the Notes in lieu of Section 901 of the Base Indenture.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase comply with the Conversion Rate rules of any applicable securities depositary, including The Depository Trust Company, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to increase the Conversion Rate; (k) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect appoint a Specified Dollar Amount successor Trustee with respect to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Notes; or (m) to comply with the rules provide for uncertificated Notes in addition to or in place of any applicable securities depositary in a manner that Physical Notes, so long as such amendment does not adversely affect the rights of any HolderHolder and so long as such Notes are in registered form for U.S. federal income tax purposes. Upon the written request of the Company, and subject to ‎Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, ‎Section 14.02 and make such related changes to the terms of the Notes to the extent expressly required by Section in accordance with ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to ‎Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (j) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (provided that no such election or elimination will affect any Settlement Method previously elected (or deemed to be elected) with respect to any Note); (k) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum, as certified by the Company in an Officer’s Certificate; or (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of the Depositary, provided any applicable securities depositary in a manner that such amendment does not adversely affect the rights of any HolderCompany’s obligation to pay Additional Interest on the Notes pursuant to ‎Section 4.06(e). Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions This Section 8.01 shall supersede Section 9.01 of the Board of Directors Base Indenture, and any reference in the Base Indenture to Section 9.01 thereof shall be deemed to refer instead to this Section 8.01. The Company and the Trustee, at Trustee may amend or supplement this Indenture or the Company’s expense, may from time to time and at Notes without the consent of any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes:Holder:‌ (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Company’s obligations under this Indenture or the Notes; (db) to secure the Notes; (c) to provide for the assumption of the Company’s obligations under this Indenture and under the Notes by a Successor Person as described in Article 12 hereof; (d) to provide for the assumption of the Company’s obligations under this Indenture and under the Notes by a Successor Person as described in Section 9.07 or to modify the conversion rights of the Holders in accordance with Section 9.07 hereof upon the occurrence of a Merger Event; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make add to the Company’s covenants or Events of Default for the benefit of the Holders; (g) to cure any change ambiguity or correct any inconsistency or defect in this Indenture or in the Notes that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07Holders; (h) to comply with any requirement of the SEC in connection with any qualification of this Indenture or a supplement hereto under the TIA; (i) to irrevocably elect a Settlement Method or a Specified Dollar Amount; (j) to evidence the acceptance of appointment by a successor Trustee with respect to this Indenture; (k) to comply with the rules of any applicable Depository; (l) to conform the provisions of this the Indenture or the Notes to the “Description of Notes” section of the Offering Memorandumpreliminary prospectus supplement, dated April 18, 2018, as further supplemented and/or amended by the Pricing Term Sheet; (i) to increase the Conversion Rate as provided in this Indenture; (jm) to provide for the issuance of additional Physical Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effectedpermitted by, all as described and in accordance with, Section 14.02(a)(iii)(B2.05(d); or (mn) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements other change; provided that such change individually, or in the aggregate with all other such changes, does not have, and stipulations that may be therein containedwill not have, but an adverse effect on the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects interests of the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwiseHolders. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed request by the Company and for an amendment or supplement pursuant to Section 8.01(l) shall be accompanied by an Officer’s Certificate evidencing the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02purpose for such amendment or supplement.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment of a successor Trustee or facilitate the administration of trusts under this Indenture by more than one Trustee; (i) irrevocably elect or eliminate a Settlement Method and/or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method, or change the Default Settlement Method; provided, however, that no such election, elimination or change will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii); (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hk) comply with the rules of the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (l) if applicable, comply with any requirement of the SEC relating to the qualification of this Indenture under the Trust Indenture Act; (m) provide for or confirm the issuance of additional Notes pursuant to this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate , as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officers’ Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture or the Notes in a manner that does not, individually or in the aggregate, adversely affect the rights of any Holder; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any other change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee; (i) to irrevocably elect a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules applicable procedures of any the Depositary; or (l) at the Company’s election, to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, if applicable securities depositary in a manner that does not adversely affect the rights of any Holderor required. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privilegesprotections, liabilities indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding anything to the contrary in this Article 10, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) enter into supplemental indentures pursuant to, and in accordance with, the provisions described in Section 14.07 in connection with any Share Exchange a Common Stock Change Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, may enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture pursuant to, and in compliance with, the Notes pursuant to provisions of Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect a Cash Percentage with respect to conversions of Notes; provided, however, that no such election will affect any Cash Percentage theretofore elected (or deemed elected) with respect to any Note pursuant to the provisions of Section 14.02(a)(i); or; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, to enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holders, the Company, when authorized by the resolutions of the a Board of Directors Resolution, and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (ai) to cure any ambiguity, ambiguity or correct any omission, defect or inconsistencyinconsistency contained herein, so long as such action will not adversely affect the interest of the Holders; provided that any such amendment made solely to conform the provisions of this Indenture to the description thereof contained in the final offering memorandum dated August 17, 2006, will be deemed not to adversely affect the interests of the Holders; (bii) to provide for the assumption by a Successor Company successor corporation, partnership, trust or limited liability company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11contained herein; (ciii) to provide for uncertificated Securities in addition to or in place of certificated Securities; provided that the Company receives an opinion of nationally recognized tax counsel that such uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of the Code; (iv) to add guarantees with respect to the NotesSecurities; (dv) to secure the NotesSecurities; (evi) to convey, transfer, assign, mortgage or pledge to the Trustee as security for the Securities any property or assets; (vii) to add to the covenants or Events of Default of the Company for the benefit of the Holders Holders, or to surrender any right or power herein conferred upon the Company;; or (fviii) to make add or modify any change that other provision herein with respect to matters or questions arising hereunder which the Company and the Trustee may deem necessary or desirable and which does not materially and adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hix) to conform modify, eliminate or add to the provisions of this Indenture or to such extent as shall be necessary to effect the Notes to the “Description qualifications of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee under the Trust Indenture Act, or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of under any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02similar federal statute hereafter enacted.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or the Notes or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase comply with the Conversion Rate rules of any applicable securities depositary, including The Depository Trust Company, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to increase the Conversion Rate; (k) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture; (kl) to provide for the acceptance of appointment by appoint a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent Conversion Agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount with respect to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Notes; or (m) to comply with the rules provide for uncertificated Notes in addition to or in place of any applicable securities depositary in a manner that Physical Notes, so long as such amendment does not adversely affect the rights of any HolderHolder and so long as such Notes are in registered form for U.S. federal income tax purposes. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time amend the Notes or enter into an indenture or indentures supplemental hereto in each case for one or more of the following purposes: (a) to cure any mistake, ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Corporation of the obligations of the Company under the Notes and this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not not, individually or in the aggregate with all other such changes, materially adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0714.06; (h) to conform comply with the provisions rules of this Indenture or any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the Notes to the “Description rights of Notes” section of the Offering Memorandumany Holder in any material respect; (i) to increase the Conversion Rate as provided in this IndentureIndenture (including, without limitation, as provided in Section 14.03(n)); (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a Trustee or successor trusteeTrustee, security registrar, paying agentPaying Agent or Conversion Agent, bid solicitation agent or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (k) to make PIK Payments (including to issue PIK Notes) or paying agent;facilitate the same; or (l) to irrevocably elect or eliminate one of establish the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Conversion Rate applicable to additional Notes issued pursuant this Indenture to the extent permitted by the terms hereof; provided, that no election or deemed election the terms and conditions applicable to such additional Notes (other than the Conversion Rate) shall be identical to the terms and conditions of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect Notes initially issued on the rights of any Holderdate hereof. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such amendment or supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any amendment or supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any amendment or supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without notice to or consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the NotesNotes (including, for the avoidance of doubt, any Guarantee by a Successor Guarantor pursuant to Article 11 or any Guarantee by an additional Guarantor as required by Section 4.10); (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any HolderHolder in any material respect; (j) to appoint a successor trustee or trustees, or agents, with respect to the Notes; (k) to increase the Conversion Rate pursuant to Section 14.04(g); or (l) to irrevocably elect a Cash Percentage with respect to conversions of the Notes; provided that no such election shall affect any Cash Percentage theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii). Upon the written request of the Company, the Trustee and each Guarantor is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment of a successor Trustee or facilitate the administration of trusts under this Indenture by more than one Trustee; (i) irrevocably elect or eliminate a Settlement Method and/or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hk) comply with the rules of the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (l) if applicable, comply with any requirement of the SEC relating to the qualification of this Indenture under the Trust Indenture Act; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate , as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officers’ Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) ; to add guarantees with respect to the Notes; (dc) to secure the Notes; (ed) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) ; to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (ge) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hf) to conform comply with the provisions rules of this Indenture or any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the Notes to the “Description rights of Notes” section of the Offering Memorandumany Holder in any material respect; (ig) to appoint a successor trustee with respect to the Notes; (h) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture, to the extent that the Company deems such amendment necessary or advisable in connection with such issuance; provided that no such amendment or supplement may impair the rights or interests of any Holder of Notes; (j) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (k) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agent, bid solicitation agent Paying Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;trustee; or (l) to irrevocably elect or eliminate one provide for the conversion of Notes to satisfy the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described Company’s Conversion Obligation in Section 14.02(a)(iii)(B); or (m) to comply accordance with the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderthis Indenture. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency;inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11; (c) to add guarantees with respect to the Notes;Notes; (d) to secure the Notes;Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company;Company under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder;, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) increase the Conversion Rate as provided in this Indenture; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any settlement method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase Company’s preliminary offering memorandum, dated October 14, 2020, as supplemented by the Conversion Rate related pricing term sheet, dated October 15, 2020, as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;an Officers’ Certificate; (k) to provide appoint a successor trustee for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNotes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but unless such supplement affects the Trustee’s duties or immunities under the Indenture or otherwise, in which case the Trustee may, in its discretion, but shall not be obligated to, but may, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwiseindenture. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.