Common use of Supplemental Indentures Without Consent of Clause in Contracts

Supplemental Indentures Without Consent of. Holders. ------- Without the consent of any Holder, the Issuers or any Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to cure any ambiguity, defect, or inconsistency, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture, provided such action pursuant to this clause (1) shall not adversely affect the interests of any Holder in any respect; (2) to add to the covenants of the Issuers for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuers or to make any other change that does not adversely affect the rights of any Holder; provided, that such change does not adversely affect the rights of any Holder; (3) to provide for additional Guarantors of the Securities; (4) to evidence the succession of another person to either of the Issuers, and the assumption by any such successor of the obligations of such Issuer, herein and in the Securities in accordance with Article V; (5) to comply with the TIA; (6) to comply with the provisions of the Depository, Euroclear or Clearstream or the Trustee with respect to the provisions of this Indenture or the Securities relating to transfers and exchanges of Securities or beneficial interests therein; or (7) to provide for the issuance of Additional Securities in accordance with the 91 limitations set forth in this Indenture as of the date hereof.

Supplemental Indentures Without Consent of. Holders. ------- Without the consent of any HolderHolders, the Issuers or any GuarantorCompany, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another corporation to the rights of the Company and the assumption by such successor of the covenants of the Company contained herein and in the Debt Securities; or (2) to add to the covenants of the Company, for the benefit of the Holders of all or any series of Debt Securities (and if such covenants are to be for the benefit of less than all series, stating that such covenants are expressly being included solely for the benefit of such series), or to surrender any right or power herein conferred upon the Company; or (3) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series, stating that such Events of Default are expressly being included solely to be applicable to such series); or (4) to add or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Debt Securities of any series or to permit the issuance of Debt Securities of any series in uncertificated form, provided that any such action shall not -------- adversely affect the interests of the Holders of Debt Securities in any material respect; or (5) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only -------- when there is no Outstanding Debt Security of any series created prior to the execution of such supplemental indenture which is entitled to the benefit of such provision and/or as to which such supplemental indenture would apply; or (6) to secure the Debt Securities or to provide that any of the Company's obligations under any series of the Debt Securities shall be guaranteed and the terms and conditions for the release or substitution of such security or guarantee; or (7) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Article Four or Fifteen, provided that any such action shall not adversely affect the interests of -------- the Holders of Debt Securities of such series or any other series of Debt Securities in any material respect; or (8) to establish the form or terms of Debt Securities of any series as permitted by Sections 2.01 and 3.01; or (9) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to one or more series of Debt Securities and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.11; or (10) to cure any ambiguity, defectto correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or inconsistency, to eliminate any conflict between the terms hereof and the Trust Indenture Act or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions any provision of this Indenture, ; provided such action pursuant to this clause (1) other provisions shall not -------- adversely affect the interests of the Holders of Outstanding Debt Securities of any Holder series created prior to the execution of such supplemental indenture in any material respect; (2) to add to the covenants of the Issuers for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuers or to make any other change that does not adversely affect the rights of any Holder; provided, that such change does not adversely affect the rights of any Holder; (3) to provide for additional Guarantors of the Securities; (4) to evidence the succession of another person to either of the Issuers, and the assumption by any such successor of the obligations of such Issuer, herein and in the Securities in accordance with Article V; (5) to comply with the TIA; (6) to comply with the provisions of the Depository, Euroclear or Clearstream or the Trustee with respect to the provisions of this Indenture or the Securities relating to transfers and exchanges of Securities or beneficial interests therein; or (7) to provide for the issuance of Additional Securities in accordance with the 91 limitations set forth in this Indenture as of the date hereof.

Supplemental Indentures Without Consent of. HoldersHolders of Securities. ------- --------------------- Without the consent of any HolderHolders of Securities, the Issuers or any GuarantorCompany, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, hereto for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants and obligations of the Company herein and in the Securities as permitted by this Indenture; or (2) to add to the covenants of the Company for the benefit of the Holders of Securities or to surrender any right or power herein conferred upon the Company; or (3) to secure the Securities; or (4) to make provision with respect to the conversion rights of Holders of Securities pursuant to Section 11.11; or ------------- (5) to make any changes or modifications to this Indenture necessary in connection with the registration of any Registrable Securities under the Securities Act as contemplated by Section 9.11, provided, such action ------------ -------- pursuant to this clause (5) shall not, in the judgment of the Company, adversely affect the interests of the Holders of Securities in any material respect; or (6) to comply with the requirements of the Trust Indenture Act or the rules and regulations of the Commission thereunder in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by this Indenture or otherwise; or (7) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee; or (8) to cure any ambiguity, defect, to correct or inconsistencysupplement any provision herein which may be inconsistent with any other provision herein or which is otherwise defective, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with as the provisions of this IndentureCompany and the Trustee may deem necessary or desirable, provided such action pursuant to -------- this clause (1) 8) shall not not, in the judgment of the Company, adversely affect the interests of any Holder the Holders of Securities in any material respect; (2) . Upon Company Request, accompanied by a Board Resolution authorizing the execution of any such supplemental indenture, and subject to add to and upon receipt by the covenants Trustee of the Issuers for documents described in Section 8.3 hereof, the benefit ----------- Trustee shall join with the Company in the execution of any supplemental indenture authorized or permitted by the Holders, or to surrender any right or power herein conferred upon the Issuers or terms of this Indenture and to make any other change that does not adversely affect the rights of any Holder; provided, that such change does not adversely affect the rights of any Holder; (3) to provide for additional Guarantors of the Securities; (4) to evidence the succession of another person to either of the Issuers, further appropriate agreements and the assumption by any such successor of the obligations of such Issuer, herein and in the Securities in accordance with Article V; (5) to comply with the TIA; (6) to comply with the provisions of the Depository, Euroclear or Clearstream or the Trustee with respect to the provisions of this Indenture or the Securities relating to transfers and exchanges of Securities or beneficial interests therein; or (7) to provide for the issuance of Additional Securities in accordance with the 91 limitations set forth in this Indenture as of the date hereofstipulations which may be therein contained.