Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 11 contracts
Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Wyman Gordon Co), Indenture (Wyman Gordon Co)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Indenture (Capitalsource Inc), Indenture (Capitalsource Holdings LLC), Indenture (Carramerica Realty Corp)
Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 10 contracts
Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 10 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Colonial Realty Limited Partnership), Indenture (Centerpoint Properties Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 9 contracts
Samples: Indenture (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc / De), Indenture (Northpoint Communications Group Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.1 through 3.4, 10.8 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect effect 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 covenant or condition shall remain in full force and effect.
Appears in 8 contracts
Samples: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.05 to 10.07, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 8 contracts
Samples: Indenture (Spacehab Inc \Wa\), Indenture (Affymetrix Inc), Indenture (Itron Inc /Wa/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.10 and Section 4.11(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Marquee Holdings Inc.), Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.11 and Section 4.12(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Waiver of Certain Covenants. The Company or any Guarantor may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 10.05 through 3.410.07, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1012 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.410.04 to 10.08, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 6 contracts
Samples: Indenture (Summit Securities Inc /Id/), Indenture (Terra Capital Group), Indenture (Boston Properties LTD Partnership)
Waiver of Certain Covenants. The Company and the Restricted Subsidiaries may omit in a any particular instance to comply with any covenant term, provision or condition set forth in or Sections 3.1 1004 through 3.41008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Aircastle LTD), Indenture (Sealy Corp), Indenture (Forida East Coast Railway L.L.C.)
Waiver of Certain Covenants. The Company may omit in a any particular instance with respect to any series of Securities to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.02 or Section 4.04 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act all outstanding Securities of such Holders, series either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Glaxosmithkline Capital PLC), Indenture (Glaxosmithkline Capital Inc), Indenture (Glaxosmithkline PLC)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 or 1005, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 5 contracts
Samples: Indenture (Health & Retirement Properties Trust), Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (Bay Apartment Communities Inc), Indenture (Avalonbay Communities Inc), Indenture (Oasis Residential Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition the covenants set forth in Sections 3.1 1004 through 3.41011 and Section 1013, ifinclusive, if before or after the time for such compliance, compliance the Holders Noteholders of not less than a majority at least two-thirds in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such HoldersNoteholders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2covenants, 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 covenant or condition shall remain in full force and effect.
Appears in 5 contracts
Samples: Indenture (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)
Waiver of Certain Covenants. The Company and its Subsidiaries may omit in a any particular instance to comply with any covenant term, provision or condition set forth in or Sections 3.1 1004 through 3.41008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4Section 9.04, 9.05, or 9.07 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 Notes at the time Outstanding shallNotes, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the all outstanding Notes at the time Outstanding shallof such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.02 to 4.11, ifSection 4.12(a) and Section 4.16, before or after the time for such compliance, if the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition the covenants set forth in Sections 3.1 1004 through 3.41011 and Section 1013, ifinclusive, if before or after the time for such compliance, compliance the Holders Noteholders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such HoldersNoteholders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2covenants, 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 covenant or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp)
Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Exhibit (Constellation Brands, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.6 through 3.410.11 and 10.14 through 10.18, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, 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 covenant or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Di Giorgio Corp), Indenture (Bally Total Fitness Holding Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.49.5 to 9.16, ifinclusive, with respect to the Senior Notes if before or after the time for such compliance, of compliance the Holders of not less than a majority in aggregate principal amount of the Outstanding Senior Notes at the time Outstanding shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1011, ifinclusive, and Section 1015 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities thereby affected, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Third Supplemental Indenture (Developers Diversified Realty Corp), Third Supplemental Indenture (Developers Diversified Realty Corp), Second Supplemental Indenture (Developers Diversified Realty Corp)
Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1014 and Section 1017 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Senior Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 4.01 through 3.44.21, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (SCV Epi Vineyards Inc), Supplemental Indenture (Mt Veeder Corp), Supplemental Indenture (Candanaigua B V)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.410.4 to 10.6, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Sirius Satellite Radio Inc), Indenture (Cd Radio Inc), Indenture (Sirius Satellite Radio Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 1007 through 3.41021, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Startec Global Communications Corp), Indenture (Facilicom International Inc), Indenture (World Access Inc /New/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition conditional shall remain in full force and effect.
Appears in 3 contracts
Samples: Indenture (Frontier Corp /Ny/), Indenture (Sun Communities Operating Limited Partnership), Indenture (Sun Communities Operating Limited Partnership)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41005 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Subordinated Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership), Senior Indenture (Liberty Property Limited Partnership)
Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.43.15, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 3 contracts
Samples: Supplemental Indenture (Canandaigua LTD), Supplemental Indenture (Canandaigua LTD), Exhibit (Constellation Brands Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time all Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 2 contracts
Samples: Indenture (Atmos Energy Corp), Indenture (Oneok Inc /New/)
Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.03 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act action of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Aon Corp), Indenture (Aon Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4402 to 411 hereof, if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act written direction of such HoldersHolders delivered to the Trustee, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Third Supplemental Indenture (Regal Entertainment Group), Second Supplemental Indenture (Regal Entertainment Group)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.11, ifSection 4.12(a) and Section 4.16, before or after the time for such compliance, if the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, 4.07 or 4.08 with respect to the Securities if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, Securities shall by act Act of such Holders, Holders either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Merrill Lynch & Co Inc), Indenture (Merrill Lynch & Co Inc)
Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.2, if10.3, 10.5 and 10.6, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time all Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 or 1005, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)
Waiver of Certain Covenants. The Company Issuer may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, 3.6 and 3.7 if, before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes Securities of all series at the time Outstanding shall, by act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 Issuer and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Nyc Newco Inc), Indenture (Norfolk Southern Railway Co /Va/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 4.03 through 3.44.13, if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (National CineMedia, LLC), Indenture (National CineMedia, LLC)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision, or condition set forth in Sections 3.1 through 3.4Section 4.03 and the provisions of any supplemental indenture specified in such supplemental indenture, if, before or after with respect to the time for such compliance, Notes if the Holders of not less than a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, except as provided in Section 8.2, but no such waiver shall will 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 covenant term, provision, or condition shall will remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Quicksilver Resources Inc), Indenture (Quicksilver Resources Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Granite Broadcasting Corp), Indenture (Granite Broadcasting Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.07 to 10.14, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities affected thereby (voting as a class) shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Rite Aid Corp), Indenture (Rite Aid Corp)
Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.)
Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1011 and Section 1014 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Senior Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 5.6 through 3.45.12 and 5.15 through 5.19, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, outstanding waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 1007 through 3.41022, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Indenture (Primus Telecommunications Group Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.10 and Section 4.11(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount at maturity of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or 34 condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Marquee Holdings Inc.), Indenture (Amc Entertainment Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth with respect to the Securities of any series specified in Sections 3.1 through 3.4accordance with Section 301, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1017 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (AMC Networks Inc.), Indenture (Cablevision Systems Corp /Ny)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1010 inclusive, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.09 and Section 4.10(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (Amc Entertainment Inc), Indenture (Amc Entertainment Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.12 and Sections 4.13(a) and (b), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 2 contracts
Samples: Indenture (National CineMedia, LLC), Indenture (National CineMedia, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.. -102- 106 ARTICLE ELEVEN
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.04 to 10.06, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Debentures shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4of the covenants established with respect to the Securities, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 57 Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Frontier Corp /Ny/)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.43.5, if, 3.6 or 3.7 with respect to the Securities of any Series if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Securities of such Holders, Series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Supplemental Indenture (Tosco Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 3.6 or 3.7 with respect to the Securities of any Series if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Securities of such Holders, Series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, Section 9.04 or 9.05 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 Notes at the time Outstanding shallSecurities, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Interliant Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 1005 through 3.41018, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Pathnet Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4second and third paragraph of Section 704, if, 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 Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Usec Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.03 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act action of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Aon Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004, 1010 and 1012, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Second Supplemental Indenture (Sonic Automotive Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the all Outstanding Notes at the time Outstanding shallaffected by such term, provision or covenant, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.4 through 3.4, 10.6 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect effect 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Colony Financial, Inc.)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 8.03, Sections 3.1 10.07 or 10.09 through 3.410.17, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Cd Radio Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 and 1007, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount Principal Amount at Issuance of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Jakks Pacific Inc)
Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 and 1005, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (NVR Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 1006 through 3.41008, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount Principal Amount at Issuance of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (WCHS Licensee LLC)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.43.7 to 3.9, ifinclusive, if before or after the time for such compliance, compliance the Holders Securityholders of not less than a majority at least 66 2/3% in aggregate principal amount of the Notes at the time Outstanding Debentures then outstanding shall, by act of such Holdersin writing, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Odyssey Re Holdings Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time all Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Atmos Energy Corp)
Waiver of Certain Covenants. The Company may omit omit, in a any particular instance instance, to comply with any covenant or condition set forth in Sections 3.1 through 3.3 and 3.4, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act of such Holdersnotice to the Trustee, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (CBS Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801(4) and Sections 3.1 through 3.41004 to 1018, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 1004 through 3.4, if, 1007 with respect to the Notes if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Commercial Federal Corp)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4Section 8.01, ifand pursuant to Section 9.01(i), if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Subordinated Indenture (Greenbrier Rail Holdings I, LLC)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.. Article Eleven
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 Section 4.06 through 3.4, 4.08 if, before before, or after the time for such compliance, the Holders of not less than at least a majority in aggregate principal Principal amount of all the Notes Debt Securities of each Series affected thereby at the time Outstanding outstanding shall, by act of such Holdersnotice to the Trustee, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Ryder System Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1020, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.in
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 and 1007, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN -------------- NO REDEMPTION OF SECURITIES
Appears in 1 contract
Waiver of Certain Covenants. The Company or any Subsidiary Guarantor may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 1007 through 3.41022, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Afa Products Inc)
Waiver of Certain Covenants. The Company may omit in a ---------------------------- any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.04 to 10.06, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Debentures shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1006 through 3.41015, 1019(a) and 1021, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes KDSM Senior Debentures at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Waiver of Certain Covenants. The Company and the Guarantors may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1006 through 3.41010 and 1013 through 1019(a), if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.6 through 3.410.11 and Sections 10.14 through 10.20, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, 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 covenant or condition shall remain in full force and effect.. - 104 -
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time all Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any term provision, covenant or condition set forth in Sections 3.1 through 3.4Section 1004, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities of each series shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in with respect of to any such term, provision, covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Heinz H J Co)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.1 to 10.6, ifinclusive (excluding Sections 10.1 and 10.4), if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Signature Resorts Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 1997A Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Supplemental Indenture (Diamond Offshore Drilling Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 10.5 through 3.4, 10.13 and Sections 10.16 through 10.18 hereof 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 Notes at the time Outstanding shallSenior Notes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Veritas DGC Inc)
Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN
Appears in 1 contract
Samples: Indenture (Airgas Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 2039 Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Seventh Supplemental Indenture (Diamond Offshore Drilling Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1006 through 3.41009, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or covenantor condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Loehmanns Holdings Inc)
Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41005 to 1008, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, 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 covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Georgia Gulf Corp /De/)