Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 42 contracts
Samples: Indenture (Axos Financial, Inc.), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.
Appears in 32 contracts
Samples: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Indenture (Pioneer Energy Services Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 29 contracts
Samples: Subordinated Indenture (Epsilon Energy Ltd.), Subordinated Indenture (Bristow Helicopters Inc), Subordinated Indenture (Gulfport Energy Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 29 contracts
Samples: Senior Indenture (Falcon Aero Holdings LLC), Senior Indenture (Chord Energy Corp), Senior Indenture (Contango Venture Capital Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 27 contracts
Samples: Subordinated Indenture (Falcon Aero Holdings LLC), Subordinated Indenture (Chord Energy Corp), Subordinated Indenture (Contango Venture Capital Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(19) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article Ten pursuant to Section 3.01(19) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 26 contracts
Samples: Indenture (Platinum Group Metals LTD), Indenture (Energy Fuels Inc), Indenture (KWESST Micro Systems Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company or the Guarantors, as the case may be, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(12) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company or the Guarantors, as the case may be, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 24 contracts
Samples: Indenture (Blackstone Inc.), Indenture (Blackstone Holdings I L.P.), Subordinated Indenture (Blackstone Holdings I L.P.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 15 contracts
Samples: Senior Indenture (Rearden Minerals, LLC), Senior Indenture (Whiting Petroleum Corp), Senior Indenture (Whiting Petroleum Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 14 contracts
Samples: Subordinated Indenture (American Italian Pasta Co), Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 13 contracts
Samples: Indenture (Genesee & Wyoming Inc), Subordinated Debt Indenture (Calgon Carbon Corporation), Senior Debt Indenture (Calgon Carbon Corporation)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Indenture (Wesbanco Inc), Indenture (Universal Stainless & Alloy Products Inc), Indenture (PPG Industries Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(2) or 10.8 Section 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Senior Indenture (Amplify Energy Corp.), Senior Indenture (Bristow Helicopters Inc), Senior Indenture (Gulfport Energy Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Indenture (Amerant Bancorp Inc.), Indenture (FNB Corp/Pa/), Indenture (FNB Corp/Pa/)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.05 or in any covenant provided pursuant to Sections 3.1(22Section 3.01(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Services LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(11) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (Blue Owl Capital Inc.), Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 8.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), Indenture (LTC Properties Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.05 through 10.08 or in any covenant provided pursuant to Sections 3.1(22Section 3.01(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(5) or (7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 9 contracts
Samples: Senior Indenture (Natural Gas Services Group Inc), Senior Indenture (Bold Energy III LLC), Subordinated Indenture (Bold Energy III LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Sections 10.04 or 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 9 contracts
Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Teledyne Technologies Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.01(u), 9.1(29.01(b) or 9.01(g), 8.1, 10.4, 10.5, 10.6, 10.7 Article VIII or 10.8 Sections 10.04 or 10.05 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 9 contracts
Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Mind Medicine (MindMed) Inc.), Indenture (EyePoint Pharmaceuticals, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Forest Oil Corp), Indenture (Pharmacopeia Drug Discovery Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 11.06 and Section 11.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Energy Fuels Inc), Indenture (Energy Fuels Inc), Indenture (Kimber Resources Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 301 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 902), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (McLeodusa Inc), Indenture (Security Capital Group Inc/), Indenture (Security Capital Group Inc/)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(19), 9.1(2), 8.19.1(7), 10.4, 10.5, 10.6, 10.6 or 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Identive Group, Inc.), Indenture (Energy Conversion Devices Inc), Indenture (NPS Pharmaceuticals Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in either of Sections 1006 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Mho, LLC), Indenture (Mho, LLC), Indenture (M/I Homes of Alabama, LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in either of Sections 4.06 or 4.07 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (DPW Holdings, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, Any Obligor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.1 and 12.3 through 12.5 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (MGM Grand Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (Gamco Investors, Inc. Et Al), Indenture (Metlife Inc), Indenture (American Equity Investment Life Holding Co)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 and 1007, inclusive, or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2)in any covenants of the Company added to Article Ten pursuant to Section 301(17) in connection with Securities of such series, 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of if the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of affected by such series shallterm, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Lifevantage Corp), Indenture (Medicinova Inc), Indenture (pdvWireless, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.5 and 12.6 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Junior Subordinated Indenture (Reinsurance Group of America Inc), Subordinated Indenture (Talx Corp), Junior Subordinated Indenture (Rga Capital Trust Ii)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 905 to 907, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 301(18) for the benefit of the Holders Securities of such series series, in any covenants added to Article Nine pursuant to Section 301(18) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Trust Indenture (Osisko Gold Royalties LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22)2.01(a)(16) , 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (Tanzanian Gold Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (KEMPER Corp), Indenture (Unitrin Inc), Indenture (Unitrin Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in Sections 10.05 to 10.07 inclusive if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Liquid Media Group Ltd.), Indenture (Meta Financial Group Inc), Indenture Agreement (Finjan Holdings, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(p), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(a) or 10.8 9.01(e) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Company shall provide the Trustee with written notification upon the waiver of any covenant.
Appears in 4 contracts
Samples: Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD), Indenture (Braskem Finance LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections Section 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp), Indenture (United States Steel Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Five Star Quality Care Inc), Indenture (Five Star Quality Care Inc), Indenture (Five Star Quality Care Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in any of Sections 4.06 to 4.08, inclusive, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Metlife Inc), Indenture (Metlife Capital Trust Iii), Indenture (Metlife Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(b)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 8.1(b) or 10.8 8.1(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 1.4, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Senior Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc), Senior Subordinated Indenture (Allied Waste Industries Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.01 and 12.03 through 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN
Appears in 4 contracts
Samples: Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company or the Guarantor may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such HoldersHolders and by notice to the Trustee, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Subordinated Indenture (Brown Tom Inc /De)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN
Appears in 4 contracts
Samples: Subordinated Debt Indenture (Scotts Company), Indenture (Genesee & Wyoming Inc), Indenture (Scotts Company)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of or any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 10.05 through 10.07, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 3.01 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 9.02) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (IVZ Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 through 1007 if before or after the time for such compliance the Holders of at least a majority 66-2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Ugly Duckling Corp), Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 10.6 and Section 10.7, or, as specified pursuant to Sections 3.1(22)Section 3.1(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.1(16) or Section 3.1(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (North American Palladium LTD), Indenture (North American Palladium LTD), Indenture (North American Palladium LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(a)(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holder of such series series, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Subordinated Indenture (Equitable Holdings, Inc.), Junior Subordinated Indenture (Equitable Holdings, Inc.), Subordinated Indenture (AXA Equitable Holdings, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(20), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(6) for the benefit of the Holders of such series or in any of Sections 1006, 1007 and 1009, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Subordinated Indenture (Nuevo Energy Co), Indenture (Wendys International Inc), Subordinated Indenture (Nuevo Energy Co)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.7, or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(c) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (BBVA International Preferred, S.A. Unipersonal), Indenture (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(g) for the benefit of the Holders of such series or in any of Sections 10.01, 10.02, 10.06 or 10.07, or in Article Eight if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(d) or 10.8 10.1(h) for the benefit of the Holders of such series or in Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(f) for the benefit of the Holders of such series or in Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.
Appears in 3 contracts
Samples: Indenture (Magnum Hunter Resources Corp), Subordinated Indenture (Magnum Hunter Resources Corp), Indenture (GreenHunter Energy, Inc.)
Waiver of Certain Covenants. Except as otherwise Subject to the rights of holders of Capital Trust Securities specified as contemplated by in Section 3.1 for Securities of such series902, if any, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in applicable to the Debt Securities of any covenant provided series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (South Financial Group Inc), Indenture (Wells Fargo Capital Iv), Indenture (Popular Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 3 contracts
Samples: Indenture (SNH Nebraska Inc), Indenture (SNH Nebraska Inc), Indenture (SNH Nebraska Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company The Issuer may, with respect to the Securities any Series of any seriesNotes, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of which affects such series Series if before or after the time for such compliance the Holders of at least a majority in principal amount of all Outstanding Notes of each Series affected by the Outstanding Securities omission (which, in the case of a covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Notes of any Series, shall include only those Series to which such series shallcovenant is so specified to be applicable), shall in each case by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee to Holders of Notes of such Series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (Brookfield Property Partners L.P.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in any of Sections 10.05 to 10.07 inclusive if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp), Indenture (Associated Banc-Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 803 or Sections 1006 through 1008 inclusive or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to Article Ten pursuant to Section 301(16) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 3 contracts
Samples: Indenture (Encana Corp), Indenture (Encana Corp), Indenture (Encana Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Allstate Corp), Indenture (Wendys International Inc), Indenture (Allstate Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 11.06 and Section 11.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp), Indenture (Uranium Energy Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company may, with respect to the Securities of any one or more series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if or in Sections 1004, 1006 or Article Eight if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series waiver (considered together as one class for this purpose) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Events Inc), Subordinated Debt Indenture (Key3media Group Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN REDEMPTION OF SECURITIES
Appears in 3 contracts
Samples: Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.), Indenture (Wellcare Health Plans, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 9.5 to Section 9.7, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 3.1(2)(u) for the benefit of the Holders Securities of such series series, in any covenants added to Article 9 pursuant Section 3.1(2)(u) to in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Valens Company, Inc.), Indenture (Cardiol Therapeutics Inc.), Indenture (Cardiol Therapeutics Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such a specific series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(6) or 10.8 9.01(13) for the benefit of the Holders of such series series, in Article Eight or in any of Sections 10.05, 10.06, and 10.08 through 10.14 (inclusive), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (CNH Industrial Capital LLC), Indenture (New Holland Credit Company, LLC), Indenture (CNH Industrial Capital LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 3 contracts
Samples: Indenture (Reynolds & Reynolds Co), Indenture (Wendys International Inc), Indenture (Wendys International Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Eplus Inc), Indenture (Speed Commerce, Inc.), Indenture (Eplus Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 1006 or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to Article Ten pursuant to Section 301(15) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Imax Corp), Indenture (Imax Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(a)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holder of such series or in any of Sections 4.06 and 4.07, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition set forth that affects such series as specified pursuant to Section 3.01(q) for Securities of such series, in any covenant provided covenants added to Article Ten pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 3.01(p) or 10.8 for the benefit of the Holders Section 3.01(q) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Four Seasons Hotels Inc), Indenture (Four Seasons Hotels Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(d) or 10.8 10.1(h) for the benefit of the Holders of such series or in Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Brookfield Infrastructure Partners L.P.), Indenture (Brookfield Infrastructure US Holdings I Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Indenture (Susa Partnership Lp), Indenture (Storage Usa Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22)Section 301, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Senior Indenture (Global Ship Lease 13 LTD), Subordinated Indenture (Global Ship Lease 13 LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 12.7), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Sections 3.1(22)Section 3.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit of the Holders Debt Securities of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Sigma Aldrich Corp), Indenture (Sigma Aldrich Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the each Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least not less than a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the such Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Berkshire Hathaway Finance Corp), Indenture (Berkshire Hathaway Finance Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 9.5 to 9.7, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 3.1(19) for the benefit of the Holders Securities of such series series, in any covenants added to Article 9 pursuant to Section 3.1(19) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Northern Dynasty Minerals LTD), Trust Indenture (Taseko Mines LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.3 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 2.3(12), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 8.1(c) or 10.8 8.1(e) for the benefit of the Holders of such series or in Section 3.6, 3.7, 3.9 or 3.10 if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (General Mills Inc), Indenture (General Mills Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Subordinated Indenture (Gasco Energy Inc), Subordinated Indenture (Shaw Manufacturing & Services Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(7) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Reynolds Presto Products Inc.), Indenture (Blue Ridge Paper Products LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(b)(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1002, 1004 and 1005, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, condition but no such waiver contemplated by this Section 1007 shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Ormat Technologies, Inc.), Indenture (Ormat Technologies, Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.1(c) or 10.8 9.1(g) for the benefit of the Holders of such series or in any of Section 10.4(a) to 10.4(c), inclusive, and Section 10.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Brookfield Asset Management Ltd.), Subordinated Indenture (Brookfield Asset Management Ltd.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1007, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (M I Homes Inc), Indenture (M I Homes Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22)) , 9.1(2)) , 8.18.1 , 10.410.4 , 10.510.5 , 10.610.6 , 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Univest Corp of Pennsylvania), Indenture (Univest Corp of Pennsylvania)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Section 1010 or 1011 with respect to the Securities of such series or in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Allegheny Technologies Inc), Indenture (Arch Coal Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 and 1007, or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 301(16) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Ati Technologies Inc), Indenture (Biovail Corp International)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 803 or Sections 1006 to 1009, inclusive, or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article Ten pursuant to Section 301(16) or Section 301(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Husky Energy Inc), Indenture (Husky Energy Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 10.06 and Section 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(14) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(14) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Taseko Mines LTD), Indenture (Taseko Mines LTD)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 12.5), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Sections 3.1(22)Section 3.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit of the Holders Debt Securities of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Senior Secured Indenture (Ralcorp Holdings Inc /Mo), Indenture (Energizer Holdings Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN REDEMPTION OF SECURITIES
Appears in 2 contracts
Samples: Indenture (Meridian Industrial Trust Inc), Indenture (Weeks Realty L P)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.02 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 2.02(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 4.08 or 10.8 9.01(g) for the benefit of the Holders holders of the Security of such series if before or after the time for such compliance the Holders holders of the Security of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holdersholders of the Security, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor International Holdings, LLC)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Pretium Resources Inc.), Indenture (Vasogen Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1008 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Indenture (Allegiance Corp), Indenture (Allegiance Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in this Indenture with respect to the Notes of any covenant provided pursuant to Sections 3.1(22)series that could be changed, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 modified or 10.8 for eliminated with the benefit consent of the Holders of such not less than a majority in aggregate principal amount of all of the Notes of each applicable series if then Outstanding pursuant to Section 9.02 if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all of the Notes of each applicable series then Outstanding Securities of such series affected thereby (treated as a single class) shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. For the avoidance of doubt, with respect to any series of Notes, the waiver of Holders of Notes of such series permitted by this Section 4.11, if the Company so determines, may also be obtained from the Holders of a majority in principal amount of the Notes of that series.
Appears in 2 contracts
Samples: Indenture (Eastman Chemical Co), Indenture (Eastman Chemical Co)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(17), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in Section 1004 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Heinz H J Co), Indenture (Heinz Hj Finance Co)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(s), 9.1(2Section 9.1(b), 8.1Section 9.1(g), 10.4Section 10.6 or Section 10.7, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance instance, or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Symantec Corp), Indenture (Symantec Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 to 1007, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Indenture (Amsouth Bancorporation), Indenture (First Tennessee National Corp)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, and with any covenant provided pursuant other term, provision or ------------- ---- condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 301 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not ----------- be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 902), if before or after the time for such compliance the ----------- Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Homestead Village Inc), Indenture (Homestead Village Inc)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(3) or 9.1(4) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such Aeries, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Evans Capital Trust III), Junior Subordinated Indenture (Bridge Statutory Capital Trust I)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(b) or 10.8 10.1(f) for the benefit of the Holders of such series or in any of Sections 11.4(a) to (c), inclusive, and Sections 11.6 to 11.8, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Brookfield Asset Management Inc.), Indenture (Brookfield Finance Inc.)
Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.05, 12.07 and 12.08 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Prison Realty Trust Inc), Indenture (Prison Realty Trust Inc)