Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 16 contracts

Samples: Edison International, Sce Trust I, Indenture (Beckman Coulter Inc)

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(22), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority at least 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 15 contracts

Samples: Indenture (Global Signal Inc), Indenture (Tyler & Sanders Roads, Birmingham-Alabama, LLC), Tyler & Sanders Roads, Birmingham-Alabama, LLC

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(22), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 14 contracts

Samples: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 12 contracts

Samples: Indenture (Psi Energy Inc), Indenture (Alexanders Inc), Indenture (Cinergy Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 801, 802, 1002, 1003 or 1005 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(19)301 with respect to the Securities of such series, 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Samples: Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings LLC), Indenture (KKR Financial Holdings IV, LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2) 901(3), 901(9), 1006 or 901(7) 1007 for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 9 contracts

Samples: Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev SA/NV), Indenture (Anheuser-Busch InBev S.A.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(20), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 8 contracts

Samples: Subordinated Indenture (Global Industries LTD), Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (Global Industries LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(20), 901(2) or 901(7) for the benefit of the Holders of such series or in Section 1005, if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 8 contracts

Samples: Indenture (Cleco Power LLC), General Electric Co, Senior Indenture (Reliant Energy Services New Mexico LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such any series, the Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19Sections 3.1(22), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation and the duties of the U.S. Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Corporation will promptly notify the U.S. Trustee in writing of any such waiver or the revocation of any such waiver.

Appears in 8 contracts

Samples: Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, 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 covenant provided 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 301(19902), 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 not less than at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 7 contracts

Samples: Capital Lease (Capital Lease Funding Inc), Indenture (Wellsford Residential Property Trust), Indenture (Capstone Turbine Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc), South Financial Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) ), 901(7), 1006 or 901(7) 1007 for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority at least 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 (Cygnus Inc /De/), Quantum Corp /De/, Read Rite Corp /De/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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 (Newmont Mining Corp /De/), Newmont Mining Corp /De/, Senior Indenture (Newfield Exploration Co /De/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 2.02 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(22.02(15) or 901(7) and 9.01 for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding outstanding Securities of such series shall, by Act act of such Holderssuch, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Pegasus Communications Corp, Pegasus Communications Corp, Pegasus Communications Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2901(3), 901(9) or 901(7) 1006 for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Anheuser-Busch InBev SA/NV), Cobrew SA/NV, Brandbev S.a r.l.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such series series, if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (RadNet, Inc.), Indenture (RadNet, Inc.), Indenture (Arch Coal Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Notwithstanding the provisions of Section 301 for Securities 1011 of such seriesthe Original Indenture, the Corporation may, with respect to the Securities of any series, Operating Partnership may omit in any particular instance to comply with any term, provision or condition set forth in the Original Indenture and in this Supplemental Indenture and with any covenant provided pursuant other term, provision or condition with respect to Section 301(19the Notes (except any such term, provision or condition which could not be amended without the consent of all Holders of the Notes or such series thereof, as applicable), 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 not less than at least a majority in principal amount of the all Outstanding Securities of such series shallNotes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision or condition except . Except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Corporation Operating Partnership and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Supplemental Indenture (Cabot Industrial Trust), Supplemental Indenture (Cabot Industrial Properties Lp), Cabot Industrial Properties Lp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, The Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided as specified pursuant to Section 301(19)3.1(b)(17) for Securities of any series, 901(2in any covenants of the Company added to Article IX pursuant to Section 3.1(b)(16) or 901(7Section 3.1(b)(17) for the benefit in connection with Securities of the Holders of such series a series, if before or after the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (WaferGen Bio-Systems, Inc.), Indenture (Tengion Inc), Indenture (Netsol Technologies Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 2.02 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19Sections 2.02(19), 901(2) 4.08 or 901(78.01(g) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Amkor International Holdings, LLC, Amkor Technology Inc, Amkor Technology Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(193.01(16), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: New York Times Co, New York Times Co, RCC Western Stores, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Corporation may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in Section 8.4 or Sections 10.6 to 10.8, Section 10.10 and Section 10.12, inclusive, or any covenant provided covenants added to Article Ten pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders 3.1 in connection with Securities of such series series, if before the time for such compliance the Holders of not less than at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Transalta Corp), Indenture (Transalta Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7901(8) for the benefit of the Holders of such series if if, before the time for such compliance compliance, the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Maverick Tube Corporation), Maverick Tube Corporation

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, and with any covenant provided 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 301(19902), 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 not less than at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Accredo Therapeutics Inc, Accredo Therapeutics Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(193.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such series series, if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: United Parcel Service Inc, Indenture (United Parcel Service Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7901(8) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Beckman Coulter Inc), Indenture (Beckman Coulter Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005 to 1009, inclusive, and with any covenant provided 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 301(19902), 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 not less than at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Friedmans Management Corp, Friedmans Management Corp

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority at least 66-2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Pinnacle West Capital Corp), Pinnacle West Capital Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, The Company may omit in any particular instance to comply with any termcovenant or condition set forth in Sections 1005 to 1009, provision inclusive, and any other covenant or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) Authorizing Resolution or 901(7) supplemental indenture for the benefit of the Holders of such series the Securities or any particular Series of Securities, if before the time for such compliance the Holders of not less than a majority in principal amount of the Securities at the time Outstanding Securities of such series all Series 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 term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Anheuser Busch Companies Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Notwithstanding the provisions of Section 301 for Securities 1011 of such seriesthe Original Indenture, the Corporation may, with respect to the Securities of any series, Operating Partnership may omit in any particular instance to comply with any term, provision provision, or condition set forth in the Original Indenture and in this Supplemental Indenture and with any covenant provided pursuant other term, provision or condition with respect to Section 301(19the Notes (except any such term, provision or condition which could not be amended without the consent of all Holders of the Notes or such series thereof, as applicable), 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 not less than at least a majority in principal amount of the all Outstanding Securities of such series shallNotes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenants or condition, but no such waiver shall extend to or affect such term, provision or condition except . Except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Corporation Operating Partnership and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Cabot Industrial Properties Lp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority at least 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Axys Pharmecueticals Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such seriesSecurities, the Corporation Company may, with respect to the Securities of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(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 not less than at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Expenses and Liabilities (Amerus Capital I)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(193.1(19), 901(2Section 9.1(2) or 901(7Section 9.1(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Omeros Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(193.01(21), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than a majority at least 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Bowater Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Issuers 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(19301(18), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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: Iridium Facilities Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(22), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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: Carriage Cemetery Services of Idaho Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 2.02 for Securities of such seriesSeries, the Corporation Company may, with respect to the Securities of any seriesSeries, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided herein or pursuant to Section 301(19), 901(22.02(s) or 901(7Section 9.01(b) for the benefit of the Holders of such series Series if before the time for such compliance the Holders of not less than a majority at least 50% in principal amount of the Outstanding outstanding Securities of such series Series shall, by an Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver wavier shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Guaranteed Obligation (864 Beverage, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, The Issuer or the Corporation may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1006 to 1010, inclusive, and any covenant provided pursuant not currently included in this Indenture but specified as applicable to a series of Securities as contemplated by Section 301(19)301, 901(2) or 901(7) for with respect to the benefit Securities of the Holders of such any series if before or after the time for such compliance the Holders of not less than at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect any such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Issuer or the Guarantor 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 (Simon Property Group Lp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, or in a supplemental indenture the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) ), 901(7), 1006 or 901(7) for the benefit of the Holders of such series 1007 if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Hp Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for 3.01 in respect of Securities of such series, the Corporation may, with respect to the Securities of any series, Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(193.01(20), 901(2Section 9.01(b) or 901(7Section 9.01(g) for with respect to the benefit Securities of the Holders of such any series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation 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: Goodyear Capital Trust I

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, The Issuer and the Corporation may, with respect to the Securities of any series, Guarantors may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1007, inclusive, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(19301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before or after the time for such compliance the Holders of not less than a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Issuer and the Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Nova Cold Logistics ULC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such seriesseries or in a supplemental indenture, the Corporation Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19), 901(2) ), 901(7), 1006 or 901(7) for the benefit of the Holders of such series 1007 if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Hewlett Packard Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(19301(18), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of not less than at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: United States Steel Corp

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