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

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of this Supplemental Indenture, the Issuers, the Guarantor and the Trustee may, from time to time, and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) without the consent of the Holders of the Notes hereto for one or more of the following purposes: (a) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes; (b) to evidence a successor to the Company or Co-Issuer as obligor or to the Guarantor as guarantor under the Indenture; (c) to make any change that does not adversely affect the interests of the Holders of Notes; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text of the Indenture, the Guarantee or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the 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 9.2.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of In addition to any supplemental indenture otherwise authorized by this Supplemental Indenture, the IssuersCompany, the Parent Guarantor, any Subsidiary Guarantor and the Trustee may, may from time to time, time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with conform to the provisions of the Trust Indenture Act as then in effect) ), without the consent of the Holders of the Notes hereto Holders, for one or more of the following purposes: (a) to cure convey, transfer, assign, mortgage or pledge to the Trustee as security for the Notes of one or more series any ambiguity, defect property or inconsistency in the Indenture or the Notesassets; (b) to evidence a successor the succession of another Person to the Company Company, the Parent Guarantor or Co-Issuer as obligor any Subsidiary Guarantor, or successive successions, and the assumption by the successor Person of the covenants, agreements and obligations of the Company, the Parent Guarantor or any Subsidiary Guarantor pursuant to the Guarantor as guarantor under the IndentureArticle X; (c) to make add to the covenants of the Company, the Parent Guarantor or any change that does not adversely affect Subsidiary Guarantor such further covenants, restrictions, conditions or provisions for the interests protection of the Holders of Notes, and to make the occurrence, or the occurrence and continuance, of a default in any such additional covenants, restrictions, conditions or provisions an Event of Default permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, that in respect of any such additional covenant, restriction, condition or provision such supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such an Event of Default or may limit the remedies available to the Trustee upon such an Event of Default or may limit the right of the Holders of a majority in aggregate principal amount of the Notes of such series to waive such an Event of Default; (d) to provide for cure any ambiguity, omission, mistake, defect or inconsistency in this Indenture or in any supplemental indenture or the issuance Notes, or to conform this Indenture or any supplemental indenture or the Notes to the description of Additional the Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance “Description of appointment of a successor Trustee or facilitate the administration notes” section of the trusts under offering memorandum related to the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text of the Indenture, the Guarantee or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the 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 9.2.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of this Supplemental Indenture8.2, the Issuers, the Guarantor Company and the Trustee may, from time to time, and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) without the consent of the Holders of the Notes hereto for one or more of the following purposes: (a) to cure any ambiguity, defect or inconsistency in the Indenture or the Notes; (b) to evidence a successor to the Company or Co-Issuer as obligor or to the Guarantor as guarantor under the Indenture; (c) to make any change that does not adversely affect the interests of the Holders of Notes; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (ki) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (lj) to conform the text of the Indenture, the Guarantee Indenture or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee Indenture or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 8.1 may be executed by the Issuers, the Guarantor 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 9.28.2.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of this Supplemental In addition to any supplemental indenture otherwise authorized by the Indenture, the IssuersCompany, the Guarantor Guarantors and the Trustee may, from time to time, time and at any time may enter into an indenture or indentures supplemental hereto (which shall comply with conform to the provisions of the Trust Indenture Act as then in effect) ), without the consent of the Holders of the Notes hereto Offered Securities, for one or more of the following purposes: (a1) to cure any ambiguity, omission, defect or inconsistency herein or in the Indenture or Offered Securities, as determined in good faith by the NotesCompany; (b2) to evidence a successor the succession of another Person to the Company or Co-Issuer a Guarantor and the assumption by any such successor Person of the obligations of the Company or such Guarantor, as obligor the case may be, pursuant to the Indenture, the Offered Securities or the Guarantees; (3) to provide for uncertificated Offered Securities in addition to or in place of certificated Offered Securities (provided that the uncertificated Offered Securities are issued in registered form for purposes of Section 163(f) of the Code); (4) to add Guarantors with respect to the Offered Securities, to add security to or for the benefit of the Offered Securities or to release Guarantors from the Guarantor as guarantor under Guarantees of Offered Securities, in each case in accordance with the terms of the Indenture; (c5) to add to the covenants of the Company or any Subsidiary of the Company for the benefit of the Holders of all of the Offered Securities or to surrender any right or power herein conferred upon the Company or any Subsidiary of the Company; (6) to add any additional Events of Default for the benefit of the Holders of all or any Offered Securities then Outstanding; (7) to make any change that does not materially adversely affect the interests rights of any Holder of Offered Securities then Outstanding, as determined in good faith by the Holders of NotesCompany; (d8) to conform the provisions of the Indenture, the Guarantees or the Offered Securities to the “Description of notes” section of the prospectus prepared in connection with the issuance of the Initial Offered Securities, as determined in good faith by the Company; provided that such amendment only affects the Offered Securities; (9) to provide for the issuance of Additional Notes in accordance with Offered Securities under the limitations set forth in Indenture to the extent otherwise so permitted under the terms of the Indenture; (e10) to evidence and provide for the acceptance of appointment hereunder of a successor Trustee with respect to the Offered Securities or to add to or change any of the provisions of the Indenture as shall be necessary to provide for or facilitate the administration of the trusts under the Indenture trust hereunder by more than one Trustee; (f11) to comply with make any amendment to the requirements of the Commission in order to effect or maintain the qualification provisions of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect relating to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text transfer and legending of Offered Securities as permitted by the Indenture, including, without limitation, to facilitate the Guarantee or issuance and administration of Offered Securities; provided, however, that (A) compliance with the Notes to any provision Indenture as so amended would not result in Offered Securities being transferred in violation of the description thereof set forth Securities Act or any applicable securities law and (B) such amendment does not materially and adversely affect the rights of Holders of Offered Securities then Outstanding to transfer Offered Securities then Outstanding, as determined in good faith by the Prospectus Company; or (12) to equally and ratably (or on a more favorable basis) secure the Offered Securities then outstanding to the extent that such provision in required pursuant to Section 5.1 hereof or Section 5.2 hereof. Upon the Prospectus was intended to be a verbatim recitation of a provision request of the Company and upon receipt by the Trustee of the documents described in Section 9.03 of the Base Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to shall join with the Issuers Company and the Guarantor Guarantors in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the IssuersCompany, the Guarantor Guarantors and the Trustee without the consent of the Holders of any of the Notes Offered Securities at the time Outstanding, notwithstanding any of the provisions of Section 9.29.2 hereof.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of this Supplemental Indenture, For the Issuers, the Guarantor and the Trustee may, from time to time, and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) without the consent sole benefit of the Holders of the Notes hereto for one or more of Notes, Section 9.01 shall not apply and the following purposesSubsections 9.01(a)-(i) shall apply in its place: (a) to cure any ambiguity, omission, defect or internal inconsistency in the Indenture or the Notes;(as supplemented); or (b) to comply with Article VIII or Section 16.16 hereof; or (c) to secure the Company's obligations under the Notes and this Indenture; or (d) to add to the Company's covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company; or (e) to add a guarantor in respect of the Company's obligations hereunder; or (f) to evidence and provide the acceptance of the appointment of a successor to the Company or Co-Issuer as obligor or to the Guarantor as guarantor Trustee under the Indenture;; or (cg) to comply with the requirements of the SEC in order to effect or maintain qualification of the Indenture under the Trust Indenture Act, as contemplated by the Indenture or otherwise; or (h) to make any change that does not adversely affect the rights of any Holders in any material respect (it being understood that any amendment described in clause (a) of this Section 9.01 made solely to conform this Indenture to the final prospectus supplement provided to investors in connection with the initial offering of the Notes will be deemed not to adversely affect the rights or interests of the Holders of Notes; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture;Holders); or (i) to reflect increase the release amount of Co-Issuer as an Issuer;Contingent Cash Interest the Company is required to pay, or pay interest or other amounts the Company is not obligated to pay; or (j) to secure take such other actions that the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text of the Indenture, the Guarantee or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by Indenture specifically permits the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor in the execution of take unilaterally without requiring any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the 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 9.2Holders.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 Without the consent of this Supplemental Indentureany Holders, the Issuers, the Guarantor Company and the Trustee maySubsidiary Guarantors, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, and at any time may enter into an indenture one or more indentures supplemental hereto (which term shall comply with include any Addendum to Subsidiary Guarantees), in form satisfactory to the provisions of the Trust Indenture Act as then in effect) without the consent of the Holders of the Notes hereto Trustee, for one or more any of the following purposes: (a) to cure evidence the succession of another Person to the Company or a Subsidiary Guarantor and the assumption by any ambiguitysuch successor of the covenants of the Company or Subsidiary Guarantor contained herein, defect or inconsistency in the Indenture or Notes and in the Notes;Subsidiary Guarantees; or (b) to evidence a successor add to the covenants of the Company or Co-Issuer as obligor a Subsidiary Guarantor for the benefit of the Holders or to surrender any right or power herein conferred upon the Guarantor as guarantor under the Indenture;Company or a Subsidiary Guarantor; or (c) to add any additional Events of Default; or (d) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee pursuant to the requirements of Section 6.09; or (e) to cure any ambiguity, to correct or supplement any provision herein or in the Subsidiary Guarantees which may be inconsistent with any other provision herein or therein, or to make any change other provisions with respect to matters or questions arising under this Indenture or the Subsidiary Guarantees; provided that does such action shall not adversely affect the interests of the Holders of Notes; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee;any material respect; or (f) to comply with add or release a Subsidiary Guarantor to or from the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary;Subsidiary Guarantees as permitted by this Indenture; or (g) to provide for uncertificated comply with any requirement of the Commission or state securities regulators in connection with the qualification of this Indenture under the TIA or any registration or qualification of the Notes in addition to (including the Subsidiary Guarantees) under the Securities Act or in place of certificated Notes;state securities laws; or (h) to reflect make any other change that does not adversely affect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text of the Indenture, the Guarantee or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor in the execution rights of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the 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 9.2Holder.

Supplemental Indentures Without the Consent of Holders. Notwithstanding The provisions of Section 9.2 901 of this Supplemental Indenturethe Base Indenture shall not be applicable to the Notes. With respect to the Notes, without the consent of any Holders, the IssuersCompany, the when authorized by a Board Resolution, any Security Guarantor and the Trustee mayTrustee, at any time and from time to time, and at any time may enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) without the consent of the Holders of the Notes hereto for one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency in the Indenture or the Notesinconsistency; (b) to evidence provide for the assumption by a successor to Successor Company of the obligations of the Company or Co-Issuer as obligor or to the Guarantor as guarantor under the Indenture pursuant to Article VIII of the Base Indenture; (c) to make any change that does not adversely affect the interests of the Holders of Notes; (d) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code); (d) to add guarantees with respect to the Notes; (e) to secure the Notes; (f) to add to the covenants of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (g) to make any change that does not materially adversely affect the rights of any Holder; (h) to reflect the release comply with any requirements of the Guarantor as guarantor, Commission in accordance connection with the Indenture;qualification of the Indenture under the Trust Indenture Act; or (i) to reflect conform any provision contained in the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect Indenture to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text section of the IndentureOffering Memorandum, dated as of December 11, 2006, related to the Guarantee or the Notes to any provision offering of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation Notes, captioned “Description of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the 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 9.2Notes.”

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 of In addition to any supplemental indenture otherwise authorized by this Supplemental Indenture, the Issuers, the Guarantor Company and the Trustee may, may from time to time, time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with conform to the provisions of the Trust Indenture Act as then in effect) ), without the consent of the Holders of the Notes hereto Holders, for one or more of the following purposes: (a1) to cure any ambiguity, defect defect, or inconsistency herein, in the Indenture or the NotesNotes of any series; (b2) to evidence a successor to the Company or Co-Issuer as obligor or to the Guarantor as guarantor under the Indenturecomply with Article X; (c3) to make any change that does not materially adversely affect the interests rights of any Holder; (4) to add to the covenants of the Holders Company for the benefit of the holders of all or any series of Notes (and if such covenants are to be for the benefit of less than all series of Notes, 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; (5) to add any additional Events of Default for the benefit of the holders of all or any series of Notes (and if such additional Events of Default are to be for the benefit of less than all series of Notes, stating that such additional Events of Default are expressly being included solely for the benefit of such series); (6) to add to the rights of the holders of any series of Notes; (d7) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Notes of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 7.11; or (8) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the other provisions of this Indenture; (e) to provide for the acceptance of appointment of a successor Trustee or facilitate the administration of the trusts under the Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause); (k) to add guarantors with respect to the Notes (or to release guarantors previously added pursuant to this clause); and (l) to conform the text of the Indenture, the Guarantee or the Notes to any provision of the description thereof set forth in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by the Company to the Trustee). The Trustee is hereby authorized to join with the Issuers and the Guarantor Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 9.1 may be executed by the Issuers, the Guarantor Company and the Trustee without the consent of the Holders holders of any of the Notes at the time Outstanding, notwithstanding any of the provisions of Section 9.29.02.

Supplemental Indentures Without the Consent of Holders. Notwithstanding Section 9.2 The Company, when authorized by the resolutions of this Supplemental Indenture, the Issuers, the Guarantor Board of Directors and the Trustee mayTrustee, at the Company’s expense, may from time to time, time and at any time enter into an indenture or indentures supplemental hereto (which shall comply with the provisions of the Trust Indenture Act as then in effect) without the consent of the Holders of and/or the Notes hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency in the Indenture or the Notesinconsistency; (b) to evidence provide for the assumption by a successor to Successor Company of the obligations of the Company or Co-Issuer as obligor or under this Indenture and the Notes pursuant to the Guarantor as guarantor under the IndentureArticle 13; (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 interests rights of the Holders of Notesany Holder in any material respect; (dg) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 11.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 11.09; (h) to provide for increase the issuance of Additional Notes Conversion Rate as provided in accordance with the limitations set forth in the this Indenture; (ei) to comply with any requirement of the SEC in connection with the qualification of this Indenture under the Trust Indenture Act; (j) to provide for the acceptance of appointment of by a successor Trustee trustee, Note Registrar, Paying Agent or Conversion Agent or facilitate the administration of the trusts under the this Indenture by more than one Trustee; (f) to comply with the requirements of the Commission in order to effect Trustee or maintain the qualification of the Indenture under the Trust Indenture Act, or to comply with the requirements of the Depositary; (g) to provide for uncertificated Notes in addition to or in place of certificated Notes; (h) to reflect the release of the Guarantor as guarantor, in accordance with the Indenture; (i) to reflect the release of Co-Issuer as an Issuer; (j) to secure the Notes (or to release collateral previously added pursuant to this clause)Paying Agent; (k) to add guarantors comply with respect to the Notes (or to release guarantors previously added pursuant to this clause)rules of any applicable securities depository, including DTC, in a manner that does not adversely affect the rights of any Holder; andor (l) to conform the text provisions of this Indenture to the Indenture, the Guarantee or the Notes to any provision “Description of the description thereof set forth Notes” section in the Prospectus to preliminary offering memorandum, as supplemented by the extent that such provision related pricing term sheet, as evidenced in the Prospectus was intended to be a verbatim recitation of a provision of the Indenture, such Note Guarantee or the Notes (which intent will be established by an Officer’s Certificate delivered by Certificate. Upon the Company to written request of the Trustee). The Company, the Trustee is hereby authorized to join with the Issuers and the Guarantor Company in the execution of any such supplemental indenture, and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to to, but may in its discretion, enter into any such supplemental indenture that affects the Trustee’s own rights, duties or immunities under the this Indenture or otherwise. Any supplemental supplemented indenture authorized by the provisions of this Section 9.1 10.01 may be executed by the Issuers, the Guarantor Company and the Trustee without the consent of the Holders of any of the Notes at the time Outstandingoutstanding, notwithstanding any of the provisions provision of Section 9.210.02.