Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN

Appears in 6 contracts

Samples: Indenture (Friedman Billings Ramsey Group Inc), Indenture (JDN Realty Corp), Indenture (Wellsford Residential Property Trust)

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Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(21), Section 901(1) or Section 901(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 6 contracts

Samples: Indenture (Apple Inc.), Indenture (Cisco Systems, Inc.), Indenture (Cisco Systems, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 6 contracts

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

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009, inclusive, and with any other term, provision Section 3.1(19) or condition with respect to 9.1(2) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 5 contracts

Samples: Indenture (Black Hills Holding Corp), Indenture (Waddell & Reed Capital Trust I), Indenture (Willbros Group Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009, inclusive, and with any other term, provision Section 3.1(20) or condition with respect to 9.1(2) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 5 contracts

Samples: Indenture (Chapman Construction Co., L.P.), Indenture (Black Hills Corp /Sd/), Indenture (Waddell & Reed Capital Trust I)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(20), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 5 contracts

Samples: Indenture (Solectron Corp), Subordinated Indenture (Ddi Corp), Subordinated Indenture (Ddi Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006, 1007, 1008 or condition with respect to 1009 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (Sun Microsystems Inc), Indenture (Lsi Logic Corp), Indenture (Sun Microsystems Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(22), Section 901(1) or Section 901(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (AppLovin Corp), Indenture (Marvell Technology Group LTD), Indenture (Marvell Technology Group LTD)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1005, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.), Indenture (Cullen/Frost Bankers, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006, 1007, 1008 or condition with respect to 1009 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

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

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 1004 1006 through 1008 or in any covenant provided pursuant to 1009Section 301(20), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Subordinated Indenture (Cumberland Pharmaceuticals Inc), Subordinated Indenture (Evolution Petroleum Corp), Subordinated Indenture (Offshore Energy III LLC)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1006 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (America Movil Sab De Cv/), Indenture (America Movil Sa De Cv/), Indenture (Mobile Radio Dipsa)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(19), 901(2) or 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (RadNet, Inc.), Indenture (RadNet, Inc.), Indenture (Allegheny Technologies Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, or in a supplemental indenture the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(19), 901(2), 901(7), 1006, 1007, 1008 or 1009 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (Hp Inc), Indenture (Hewlett Packard Enterprise Co), Indenture (Hp Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 2.02 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009, inclusive, Section 2.02(15) and with any other term, provision or condition with respect to 9.01 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all the outstanding Securities of such seriesseries shall, by Act act of such Holderssuch, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Senior Indenture (Pegasus Communications Corp), Senior Indenture (Pegasus Communications Corp), Subordinated Indenture (Pegasus Communications Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series or in a supplemental indenture, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (Read Rite Corp /De/), Indenture (Read Rite Corp /De/), Indenture (Westell Technologies Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series or in a supplemental indenture, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 4 contracts

Samples: Indenture (Lsi Logic Corp), Indenture (Sun Microsystems Inc), Indenture (Sun Microsystems Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition conditions set forth in Sections 1004 10.5 to 100910.7, inclusive, and with any inclusive (other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision than a covenant or condition which could under Article Eight cannot be modified or amended without the consent of all Holders the Holder of Securities of such series pursuant to Section 902each Outstanding Security affected), if before or after the time for such compliance the Holders shall, through the written consent of, or the adoption of a resolution at least a meeting of Holders of the Outstanding Securities at which a quorum is present by, not less than a majority in principal amount of all outstanding Securities of such series, by Act of such Holdersthe Outstanding Securities, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 or any Paying or Conversion Agent in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (DSC Communications Corp), Indenture (Alcatel Usa Inc), Indenture (United Waste Systems Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902), or in any of Sections 1006 through 1007 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc), Indenture (Impac Mortgage Holdings Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(18), inclusive, and with any other term, provision 9.01(2) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to and in Section 902), 10.08 or 10.09 if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Bowater Inc), Senior Indenture (Bowater Inc), Indenture (Bowater Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.1(21), inclusiveSection 4.15, and with any other termSection 6.4, provision Section 7.1 or condition with respect to Section 9.2 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp), Indenture (BOSTON OMAHA Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 1004 to 10093.1(21), inclusive9.1(2), and with any other term8.1, provision 10.4 or condition with respect to 10.5 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Securities Outstanding of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (MGP Ingredients Inc), Indenture (Euronet Worldwide Inc), Indenture (Euronet Worldwide Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 or Section 902 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(22), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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: Subordinated Indenture (Quanta Services Inc), Senior Indenture (Quanta Services Inc), Subordinated Indenture (Quanta Services Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 9023.1(21), Section 9.1(1) or Section 9.1(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Chevron Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1008, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Yellow Roadway Technologies Inc), Indenture (Usfreightways Corp), Indenture (Usfreightways Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 2.01 for Securities of such series, the Company may 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 1004 to 10092.01(17), inclusive, and with any other term, provision 9.01(4) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities holders of such series pursuant to Section 902), if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)

Waiver of Certain Covenants. The Company may Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Bank 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1005 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Bank 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 (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902), [or in Article Eight] if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Ubs Ag), Indenture (Ubs Ag)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(8) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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: Senior Indenture (Beckman Coulter Inc), Subordinated Indenture (Beckman Coulter Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 1005 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Friedmans Management Corp), Indenture (Friedmans Management Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(21), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of such series if before the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Outstanding 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 all outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Sonic Automotive 1495 Automall DR Columbus Inc), Senior Indenture (Sonic Automotive 1495 Automall DR Columbus Inc)

Waiver of Certain Covenants. The Company may with respect to the Securities of a series omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 801(c) and 1006 to 1009, inclusive, and with any other term, provision or condition with respect covenant not set forth herein and specified pursuant to Section 301 to be applicable to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 66-2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 ELEVEN.

Appears in 2 contracts

Samples: Indenture (Scripps E W Co /De), Indenture (Scripps E W Co /De)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 1006, 1007 and, as specified pursuant to 1009, inclusive, and with any other term, provision or condition with respect to the Section 301(15) for Securities of any series specified series, in accordance with Section 301 (except any such term, provision or condition which could not be amended without covenants of the consent of all Holders of Securities of such series Company added to Article Ten pursuant to Section 902)301(14) or Section 301(15) in connection with Securities of a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesSecurities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Deere & Co), Indenture (Lci International Inc /Va/)

Waiver of Certain Covenants. of the Indenture is deleted and the following substituted therefor: The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009Section 4.08, inclusiveSection 4.09, Section 4.11 and with any other termSection 4.12, provision or condition with respect to the Debt Securities or with respect to the Debt Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Debt Securities or of the Outstanding Debt Securities of such series, by Act of such Holdersas the case may be, shall either waive in writing such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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: Fifth Supplemental Indenture (Methanex Corp), Fifth Supplemental Indenture (Methanex Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 66-2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 9023.01(18), 9.01(2) or 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (United Parcel Service Inc), Indenture (United Parcel Service Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10091008, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Accredo Therapeutics Inc), Indenture (Accredo Therapeutics Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(s), inclusive, and with any other term, provision 9.01(b) or condition with respect to 9.01(g) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (SVB Financial Group), Indenture (SVB Financial Group)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Scholastic Corp), Indenture (Scholastic Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1005 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 Debt Indenture (Aig Capital Trust I), Junior Subordinated Debt Indenture (Aig Capital Trust I)

Waiver of Certain Covenants. The Company Issuer may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009801, inclusive802, and with any other term1002, provision 1003 or condition 1005 with respect to the Securities of any series specified in accordance with and, if expressly provided pursuant to Section 301 (except with respect to the Securities of such series, any such term, provision or condition which could not be amended without additional covenants applicable to the consent of 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 all outstanding the Outstanding Securities of such series, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1004 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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: Senior Indenture (Duke Power Co /Nc/), Senior Indenture (Duke Power Co /Nc/)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 1004 1005 through 1008 or in any covenant provided pursuant to 1009Section 301(20), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (W&t Offshore Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(21), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of such series if before the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Outstanding 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 all outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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: Senior Indenture (Sonic Automotive Inc), Subordinated Indenture (Sonic Automotive Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(20), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Article Eight or Section 902)1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Cleco Corp), Senior Indenture (Cleco Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(8) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of such series if, before the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Outstanding 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 all outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 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: Senior Indenture (Maverick Tube Corporation), Senior Indenture (Maverick Tube Corporation)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1007 or 1008, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such HoldersHolder, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Telefonos De Mexico S a De C V), Indenture (Telefonos De Mexico S a De C V)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)or in any of Sections 1006 and 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Staples Inc), Indenture (Staples Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(8) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)if, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (Maverick Tube Corporation), Indenture (Maverick Tube Corporation)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 (American International Group Inc), Indenture (Aig Capital Trust I)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such series or in any of Sections 1004 1008 to 10091010, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Marriott International Inc /Md/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.4 to 100910.6, inclusive, and with any inclusive (other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision than a covenant or condition which could under Article VIII cannot be modified or amended without the consent of all Holders the Holder of Securities of such series pursuant to Section 902each Outstanding Note affected), if before or after the time for such compliance the Holders shall, through the written consent of, or the adoption of a resolution at least a meeting of Holders of the Outstanding Notes at which a quorum is present by, not less than a majority in principal amount of all outstanding Securities of such series, by Act of such Holdersthe Outstanding Notes, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 or any Paying or Conversion Agent in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (American Greetings Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to Section 301(18), 901(2) or 901(7) for the benefit of the Holders of such series or in either Section 1008 or Section 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 ELEVENELEVEN REDEMPTION OR REPAYMENT OF SECURITIES

Appears in 1 contract

Samples: Indenture (Credit Acceptance Corporation)

Waiver of Certain Covenants. The Company may with respect to any Outstanding series of the Securities omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 Section 1006, Section 1007 and, as specified pursuant to 1009, inclusive, and with any other term, provision or condition with respect to the Section 301(15) for Securities of any series specified series, in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenants added pursuant to Section 902)301(14) or 301(15) in connection with such series, if if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe series at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. 67 ARTICLE ELEVEN

Appears in 1 contract

Samples: Senior Note Indenture (Avnet Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusivecondition, and as specified pursuant to Section 301(13) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(12) or Section 301(13) in connection with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)a series, if before or after the time for such compliance compliance, except as otherwise contemplated in the clause (3) of Section 902 hereof, the Holders of at least a majority in principal amount of all outstanding Securities of such seriesSecurities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Pseg Fossil LLC)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(21), inclusive, and with any other term, provision 9.01(2) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Bowater Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 2.01 for Securities of such series, the Company may 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 1004 to 10092.01(16), inclusive, and with any other term, provision 9.01(4) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities holders of such series pursuant to Section 902)series, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Unitrin Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)or in Sections 1008 or 1009, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. 63 74 ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Pacificare Health Systems Inc /De/)

Waiver of Certain Covenants. The Company may may, with respect to any series of Securities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in Sections 1004 Section 905 to 1009Section 907, inclusive, and with any other termor, provision or condition with respect as specified pursuant to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of 301(18) for Securities of such series series, in any covenants added to Article 9 pursuant to Section 902)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 all outstanding Outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Largo Resources Ltd.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1005 to 1009, inclusive, and with any other term, provision Exhibit 4.1 52 covenant or condition with respect to set forth in any Authorizing Resolution or supplemental indenture for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 the Securities or any particular Series of Securities, if the Holders of not less than a majority in principal amount of the Securities at the time Outstanding of all outstanding Securities of such seriesSeries which are entitled to the benefits thereof (voting as a single class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Anheuser Busch Companies Inc)

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Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(21), Section 901(1) or Section 901(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 ELEVENArticle XI

Appears in 1 contract

Samples: Indenture (Westwater Resources, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.4 to 100910.6, inclusive, and with any inclusive (other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision than a covenant or condition which could under Article VIII cannot be modified or amended without the consent of all Holders the Holder of Securities of such series pursuant to Section 902each Outstanding Security affected), if before or after the time for such compliance the Holders shall, through the written consent of, or the adoption of a resolution at least a meeting of Holders of the Outstanding Securities at which a quorum is present by, not less than a majority in principal amount of all outstanding Securities of such series, by Act of such Holdersthe Outstanding Securities, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except cxcept to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee or any Paying or Conversion Agent in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Affiliated Computer Services Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 any covenant or restriction specified pursuant to 1009, inclusive, and with any other term, provision or condition with respect Section 3.1 to be applicable to the Debt Securities of any series specified in accordance with and to be subject to this Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)11.5, if before or after the time for such compliance the Holders of at least not less than a majority in aggregate principal amount of all outstanding the Outstanding Debt Securities of all such seriesseries with respect to which compliance with such covenant or restriction is to be omitted, considered as one class, shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 ELEVEN.

Appears in 1 contract

Samples: Indenture (Nicolet Bankshares Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Cypress Semiconductor Corp /De/)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006, 1007, 1008 or condition with respect to 1009 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 ELEVEN11

Appears in 1 contract

Samples: Indenture (Solectron Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(18), 901(1) or 901(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuers 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 1 contract

Samples: Indenture (Directv)

Waiver of Certain Covenants. The Company may 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 Section 301(b)(19), 901(2) or 901(7) for the benefit of the Holders of such series or in any of Sections 1002, 1004 to 1009and 1005, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, condition but no such waiver contemplated by this Section 1007 shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Ipc Holdings LTD)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision convenant or condition conditions set forth in Sections 1004 10.5 to 100910.7, inclusive, and with any inclusive (other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision than a covenant or condition which could under Article Eight cannot be modified or amended without the consent of all Holders the Holder of Securities of such series pursuant to Section 902each Outstanding Security affected), if before or after the time for such compliance the Holders shall, through the written consent of, or the adoption of a resolution at least a meeting of Holders of the Outstanding Securities at which a quorum is present by, not less than a majority in principal amount of all outstanding Securities of such series, by Act of such Holdersthe Outstanding Securities, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 or any Paying or Conversion Agent in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Staples Inc)

Waiver of Certain Covenants. The Company may omit in ---------------------------- any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1005 to 10091008, inclusive, and with any other term, provision or condition with respect to the Securities securities of any series, or any covenant added for the benefit of any series specified in accordance with of Securities as contemplated by Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series unless otherwise specified pursuant to Section 902), 301) if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries affected by such omission (acting as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant 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. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (National Service Industries Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1004 or 1005 if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Duke Energy Field Services LLC)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, or in a supplemental indenture the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(19), 901(2), 901(7), 1006 or 1007 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Hp Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, and with (a) Section 602 or any other term, provision additional covenant or condition restriction specified with respect to the Securities of any series specified in accordance with series, or any Tranche thereof, as contemplated by Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 aggregate principal amount of all outstanding the Outstanding Securities of all series and Tranches with respect to which compliance with Section 602 or such seriesadditional covenant or restriction is to be omitted, considered as one class, shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionterm, but no such waiver shall extend to or affect such covenant provision or condition except to and (b) Section 604, 605 or Article Eleven if before the extent so expressly waivedtime for such compliance the Holders of at least a majority in principal amount of Securities Outstanding under this Indenture shall, andby Act of such Holders, until either waive such waiver shall become effective, the obligations of the Company and the duties of the Trustee compliance in respect of any such instance or generally waive compliance with such term, provision or condition shall remain condition; but, in full force and effect. ARTICLE ELEVENthe case of (a) or (b), no such waiver

Appears in 1 contract

Samples: Indenture (Ies Utilities Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, each Company may may, with respect to its Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 any covenant provided pursuant to 1009Section 3.01(r), inclusive, and with any other term, provision 9.01(b) or condition with respect to 9.01(g) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 not less than 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Berkshire Hathaway Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(18), inclusive, and with any other term, provision 9.01(2) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)or Sections 10.06 and 10.07, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Mercury Finance Co)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)or in Sections 1006 or 1007 or Article 15, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Pacifcare Operations Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series or in a supplemental indenture, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(19), 901(2), 901(7), 1006 or 1007 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Hewlett Packard Co)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.1(15), inclusive8.1(2), and with any other term, provision or condition with respect to 8.1(7) of the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries 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 covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 forth and effect. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Senior Indenture (Eastern Environmental Services Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may 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 Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series covenant provided pursuant to Section 902301(21), Section 9.1(1) or Section 9.1(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 aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Lindblad Expeditions Holdings, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 in respect of Securities of such series, the Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 any covenant provided pursuant to 1009Section 3.01(20), inclusive, and with any other term, provision Section 9.01(b) or condition Section 9.01(g) with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Goodyear Capital Trust I)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1005 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Subordinated Debt Indenture (American International Group Inc)

Waiver of Certain Covenants. The Subject to the rights of holders of Capital Trust Securities specified in Section 902, if any, the Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1009, inclusive, and with any other term, provision or condition with respect applicable to the Debt Securities of any series specified in accordance with Section 301 (except any unless such term, provision covenant or condition which could not be amended without the consent of all Holders of Securities of such series is determined pursuant to Section 902)301 not to be subject to this provision if, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding series of the Debt Securities of at the time Outstanding to which such seriescovenant 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 covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Wells Fargo & Co/Mn)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(18), inclusive, and with any other term, provision 9.01(2) or condition with respect to 9.01(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902), and in Sections 10.08 or 10.09 if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Bowater Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities or in a supplemental indenture of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006 or condition with respect to 1007 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Quantum Corp /De/)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18) , inclusive901(2), and with any other term901(7), provision 1007 or condition with respect to 1008 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Knight Ridder Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1008 if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffec tive, 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 1 contract

Samples: Indenture (Dime Bancorp Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902), [or in Article Eight] if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (UBS Preferred Funding Trust VIII)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902)1105, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Subordinated Indenture (Commscope Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(1) or condition with respect to 901(3) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Everest Reinsurance Holdings Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1005 to 1009, inclusive, and with any other term, provision Exhibit 4.2 52 covenant or condition with respect to set forth in any Authorizing Resolution or supplemental indenture for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 the Securities or any particular Series of Securities, if the Holders of not less than a majority in principal amount of the Securities at the time Outstanding of all outstanding Securities of such seriesSeries which are entitled to the benefits thereof (voting as a single class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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. ARTICLE ELEVEN.

Appears in 1 contract

Samples: Indenture (Anheuser Busch Companies Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 3.01(r), inclusive, and with any other term, provision 8.01(b) or condition with respect to 8.01(g) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Newmont Usa LTD)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(22), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. 57 ARTICLE ELEVEN

Appears in 1 contract

Samples: Subordinated Indenture (Carriage Cemetery Services of Idaho Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1004 if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Texas Eastern Transmission Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusivecondition, and as specified pursuant to Section 301(13) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(12) or Section 301(13) in connection with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902)a series, if before or after the time for such compliance compliance, except as otherwise contemplated in clause (3) of Section 902 hereof, the Holders of at least a majority in principal amount of all outstanding Securities of such seriesSecurities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Pseg Energy Holdings Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1006 if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Weyerhaeuser Co)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006, 1007, 1008 or condition with respect to 1009 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. 57 ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Cygnus Inc /De/)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(19), inclusive901(2), and with any other term901(7), provision 1006, 1007, 1008 or condition with respect to 1009 for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of 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 all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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. -56- 66 ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Quantum Corp /De/)

Waiver of Certain Covenants. The Company may may, with respect to any series of Securities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in Sections 1004 to 10091002 through 1007, inclusive, and with any other termor, provision or condition with respect as specified pursuant to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of 301(17) for Securities of such series series, in any covenants of the Company added to this Article pursuant to Section 902)301(17) 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 all outstanding Outstanding Securities of affected by such seriesterm, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Cboe Global Markets, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 902), and in Sections 1008 or 1009 if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Radioshack Corp)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may 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 Sections 1004 any covenant provided pursuant to 1009Section 301(18), inclusive, and with any other term, provision 901(2) or condition with respect to 901(7) for the Securities benefit of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to or in Section 902), 1008 if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 1 contract

Samples: Indenture (Dime Bancorp Inc)

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