Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 17 contracts

Samples: Indenture (Capitalsource Holdings LLC), Indenture (Capitalsource Inc), Indenture (Capitalsource Inc)

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Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10103.1 through 3.4, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all outstanding Securities of such seriesthe 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 term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 11 contracts

Samples: Constellation Brands, Inc., Constellation Brands, Inc., Constellation Brands, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 11 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Trinet Corporate Realty Trust Inc), Indenture (Wyman Gordon Co)

Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10103.1 through 3.4, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all outstanding Securities of such seriesthe 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, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 10 contracts

Samples: Constellation (Constellation Brands, Inc.), Constellation (Constellation Brands, Inc.), Constellation Brands, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010, inclusiveSection 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 10 contracts

Samples: Exhibit 4 (Converse Inc), Indenture (Personnel Group of America Inc), Indenture (Converse Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101017, inclusive, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 9 contracts

Samples: Indenture (Northpoint Communications Group Inc), Execution Copy (Nextlink Communications Inc / De), Indenture (Nextlink Communications Inc /De/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 101010.1 through 10.8 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all outstanding the Securities of such seriesat the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect 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 term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

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 any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.05 to 101010.07, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 8 contracts

Samples: Indenture (Affymetrix Inc), Indenture (Seacor Holdings Inc), Indenture (Affymetrix Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 1010, inclusive4.10 and Section 4.11(a), if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 7 contracts

Samples: Indenture (Marquee Holdings Inc.), Employment Agreement (Marquee Holdings Inc.), Indenture (Amc Entertainment Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101007 through 1020, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (Entertainment Inc), Indenture (Entertainment Inc), Indenture (Entertainment Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 1010, inclusive4.11 and Section 4.12(a), if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Inc)

Waiver of Certain Covenants. The Company or any Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 101010.05 through 10.07, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (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 any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101007 through 1012 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc), Indenture (CSC Holdings Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 10.04 to 101010.08, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America), Indenture (Metropolitan Mortgage & Securities Co Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition conditions set forth in Sections 1004 10.5 to 101010.7, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 6 contracts

Samples: Indenture (Uromed Corp), Indenture (Interim Services Inc), Tech Data Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition the covenants set forth in Sections 1004 to 1010through 1011 and Section 1013, inclusive, if before or after the time for such compliance the Holders Noteholders of at least a majority two-thirds in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such HoldersNoteholders, either waive such compliance in such instance or generally waive compliance with such covenant or conditioncovenants, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition covenant shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Article Eleven Mandatory (PDS Financial Corp), Indenture (PDS Financial Corp), Indenture (PDS Financial Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance with respect to any series of Securities to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, Section 4.02 or Section 4.04 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, series either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Indenture (Glaxosmithkline Capital PLC), Glaxosmithkline Capital Inc, Glaxosmithkline Capital Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 5 contracts

Samples: Indenture (Shurgard Storage Centers Inc), Shurgard Storage Centers Inc, Shurgard Storage Centers Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 Section 1005, 1006 or Article Fifteen with respect to 1010, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 5 contracts

Samples: NGC Corp, NGC Corp, NGC Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusiveor 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 5 contracts

Samples: Health and Retirement Properties Trust (Health & Retirement Properties Trust), Health and Retirement Properties Trust (Health & Retirement Properties Trust), Hospitality Properties Trust

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 1006 and 1007 with respect to 1010, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 5 contracts

Samples: Indenture (Synergetics Usa Inc), Indenture (New Nisource Inc), Nisource Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Indenture (Avalonbay Communities Inc), Bay Apartment Communities Inc, Oasis Residential Inc

Waiver of Certain Covenants. The Company and the Restricted Subsidiaries may omit in any particular instance to comply with any term, provision or condition set forth in or Sections 1004 to 1010through 1008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Intercreditor Agreement (Sealy Corp), Intercreditor Agreement (Forida East Coast Railway L.L.C.), Indenture (Railamerica Inc /De)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101007 through 1022, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Indenture (Qwest Communications International Inc), Qwest Communications International Inc, Qwest Communications International Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 10.04 to 101010.08, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Indenture Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Indenture (Lexington Corporate Properties Trust), Indenture (Beazer Homes Usa Inc), Chartermac

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101005 through 1012 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 5 contracts

Samples: Indenture (Rogers Communications Inc), Pledge Agreement (Rogers Wireless Inc), Rogers Wireless Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010Section 803, inclusive, 1006 or 1007 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Outstanding Securities of affected by such seriesterm, provision or covenant by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Nova Chemicals Corp /New), Indenture (HomeCare Labs, Inc.), Indenture (Chemtura CORP)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition the covenants set forth in Sections 1004 to 1010through 1011 and Section 1013, inclusive, if before or after the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such HoldersNoteholders, either waive such compliance in such instance or generally waive compliance with such covenant or conditioncovenants, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition covenant shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp), Onyx Acceptance Corp

Waiver of Certain Covenants. The Subject to Section 902, the Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Article Eight and Sections 1004 to 10101022, inclusive, Article Eleven, and Section 1306 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Sanmina Corp), Indenture (Sanmina-Sci Corp), Sanmina-Sci Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1007 through 1012 with respect to 1010Securities of any series if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Outstanding Securities of such seriesthe series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 4 contracts

Samples: CSC Parent Corp, Cablevision Systems Corp, CSC Parent Corp

Waiver of Certain Covenants. The Company or any Subsidiary Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Article Eight or Sections 1004 to 1010through 1023, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Execution Copy (Burke Flooring Products Inc), Burke Industries Inc /Ca/, Burke Industries Inc /Ca/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 10.4 to 101010.8, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding 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, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: National Retail Properties, Inc., Commercial Net Lease Realty Inc, Commercial Net Lease Realty Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.02 to 10104.11, inclusiveSection 4.12(a) and Section 4.16, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Security Agreement (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusiveSection 9.02 or 9.03, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVENTEN CONSOLIDATION, MERGER, CONVEYANCE, TRANSFER OR LEASE

Appears in 4 contracts

Samples: Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC), Indenture (Vault Holding 1, LLC)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities Notes of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Carramerica Realty Corp, Carramerica Realty Corp, Indenture (Carramerica Realty Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 Section 4.03 or Section 4.04 with respect to 1010, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all the outstanding Securities of such series, by Act of such Holders, series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Dean Foods Co/), Indenture (GameStop Corp.), Dean Illinois Dairies, LLC

Waiver of Certain Covenants. The Company and its Subsidiaries may omit in any particular instance to comply with any term, provision or condition set forth in or Sections 1004 to 1010through 1008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Aircastle LTD), Indenture (Aircastle LTD), Indenture (Aircastle LTD)

Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10103.1 through 3.4, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesor shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Constellation Brands, Inc., Constellation Brands, Inc., Constellation Brands, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101005 through 1011 and 1013 through 1015 if, inclusive, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010Section 9.04, inclusive9.05, if or 9.07 if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 4 contracts

Samples: Transwitch Corp /De, Transwitch Corp /De, Transwitch Corp /De

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition conditional shall remain in full force and effect. ARTICLE ELEVEN.

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 any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101005 through 1020 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding the Securities of such seriesat the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc), Indenture (Rogers Communications Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 to 10101007 through 1021, inclusive, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: World Access Inc /New/, Startec Global Communications Corp, Facilicom International Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 4.02 to 10104.05, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all the outstanding Securities of such series, by Act of such Holders, series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVENSection 4.10.

Appears in 3 contracts

Samples: Tele Communications Inc /Co/, Tci Communications Inc, Tele Communications Inc /Co/

Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10104.01 through 4.21, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesor shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (SCV Epi Vineyards Inc), Mt Veeder Corp, Candanaigua B V

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101008, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 3 contracts

Samples: Indenture (Kilroy Realty, L.P.), Indenture (Realty Income Corp), Form of Indenture (Realty Income Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Carramerica Realty Corp, Carramerica Realty Corp, Centerpoint Properties Trust

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010Section 1005 through Section 1015 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding the Securities of such seriesat the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Intrawest Corp), Indenture (Intrawest Corp), Indenture (Intrawest Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101011, inclusive, and Section 1015 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthereby affected, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Developers Diversified Realty Corp, Developers Diversified Realty Corp, Supplemental Indenture (Developers Diversified Realty Corp)

Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101007 through 1014 and Section 1017 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe 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 or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 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 any particular instance to comply with any term, provision or condition set forth in Sections 1004 9.5 to 10109.16, inclusive, with respect to the Senior Notes if before or after the time for such of compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Senior Notes 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, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Resource America Inc), Indenture (Resource America Inc), Indenture (Resource America Inc)

Waiver of Certain Covenants. The In respect of any series of Securities, the Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, Section 1006 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionterm, but no such waiver shall extend to or affect such covenant provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Nelnet Inc), Indenture (Nelnet Inc), Nelnet Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101006 and 1007, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: National Data Corp, Reptron Electronics Inc, Southern Mineral Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101005 through 1013 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding the Securities of such seriesat the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Cable Inc), Pledge Agreement (Rogers Cable Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 1005 to 10101009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Liberty Property Limited Partnership, Liberty Property Limited Partnership, Liberty Property Limited Partnership

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 Section 1005 with respect to 1010, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Usa Waste Services Inc, Watson Pharmaceuticals Inc, Usa Waste Services Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections Section 1004 with respect to 1010, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 3 contracts

Samples: Comdisco Inc, Comdisco Inc, Comdisco Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 10.4 to 101010.6, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Sirius Satellite Radio Inc, Indenture (Sirius Satellite Radio Inc), Cd Radio Inc

Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10103.1 through 3.15, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesor shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Constellation Brands Inc, Canandaigua LTD, Canandaigua LTD

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010Section 1005, inclusive, 1007 and 1009 if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Building One Services Corp, Boss Investment LLC, Building One Services Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010Section 9.04 or 9.05 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 3 contracts

Samples: Indenture (Transwitch Corp /De), Transwitch Corp /De, Interliant Inc

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Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 101010.2, inclusive10.3, 10.5 and 10.6, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Signature Resorts Inc, Signature Resorts Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 1005 to 10101007, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesOutstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Oneok Inc /New/), Indenture (Oneok Inc /New/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.07 to 1010, inclusive10.14, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesaffected thereby (voting as a class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Rite Aid Corp), Rite Aid Corp

Waiver of Certain Covenants. The Company may omit in any a particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10103.1 through 3.4, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesshall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Constellation Brands, Inc., Constellation Brands, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.4 to 101010.6, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Cii Financial Inc), Cii Financial Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1005 to 1010, inclusive1012, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding the Securities of such seriesat the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Amc Entertainment Inc, Regal Cinemas Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101012, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Debt Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Bre Properties Inc /Md/, Bre Properties Inc /Md/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Debt Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Indenture (Bre Properties Inc /Md/)

Waiver of Certain Covenants. The Company may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Trinet Corporate Realty Trust Inc), Trinet Corporate Realty Trust Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 1005 to 10101007, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesOutstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Oneok Inc /New/, Atmos Energy Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections Section 1004 to 10101007, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Mead Corp), Indenture (Meadwestvaco Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101012, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Outstanding Debt Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Bre Properties Inc /Md/), Bre Properties Inc /Md/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 to 10101007 through 1020, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Primus Telecommunications Group Inc), Primus Telecommunications Group Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10105.6 through 5.12 and 5.15 through 5.19, inclusiveif, if before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN

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 any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101005 through 1009 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Rogers Communications Inc), Registration Rights Agreement (Rogers Wireless Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010, inclusive4.03 through 4.13, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Intercreditor Agreement (National CineMedia, LLC), National CineMedia, LLC

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101007 through 1017 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Cablevision Systems Corp /Ny), AMC Networks Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101005, inclusive, with respect to the Securities of any series if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Valero Energy Corp/Tx, Vec Trust Ii

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 1010, inclusive4.09 and Section 4.10(a), if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Inc), Amc Entertainment Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010, inclusiveand 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Phoenix Duff & Phelps Corp, Phoenix Companies Inc/De

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010, inclusiveconnection with the Securities, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesOutstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but ; provided that no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (WhiteHorse Finance, Inc.), Indenture (WhiteHorse Finance, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 10.1 to 101010.6, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Analog Devices Inc), Indenture (Analog Devices Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusiveor 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Hospitality Properties Trust, Hospitality Properties Trust

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101017, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Granite Broadcasting Corp, Granite Broadcasting Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101005 through 1011 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Pledge Agreement (Rogers Communications Inc), Indenture (Rogers Wireless Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010Section 1005, inclusive1006 and 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (North American Vaccine Inc), Atrix Laboratories Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10101011, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Developers Diversified Realty Corp), Developers Diversified Realty Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1005 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such seriesshall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Bank Plus Corp), Bank Plus Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 to 10101007 through 1019, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Be Aerospace Inc, Applied Extrusion Technologies Inc /De

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 1006 to 10101008, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: GBC Bancorp, Pmi Group Inc

Waiver of Certain Covenants. The Company may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1010, inclusive, Section 4.03 if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe Notes 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, 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 term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Aon Corp), Indenture (Aon Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 1010, inclusive4.12 and Sections 4.13(a) and (b), if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Intercreditor Agreement (National CineMedia, LLC), Indenture (National CineMedia, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 1010Section 10.04 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such serieseach series 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, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Burlington Resources Finance Co), Indenture (Burlington Resources Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 to 10101007 through 1021, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Euronet Services Inc), Indenture (Euronet Services Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 4.07 or 4.08 with respect to 1010, inclusive, the Securities if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding the Outstanding Securities of such series, shall by Act of such Holders, Holders either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: _______________________ Indenture (Merrill Lynch & Co Inc), Indenture (Merrill Lynch & Co Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Section 803 or Sections 1004 to 10101007 through 1022, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of all outstanding Securities of such seriesthe Outstanding Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Primus Telecommunications Group Inc, Primus Telecommunications Group Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 1010, inclusive4.10 and Section 4.11(a), if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount at maturity of all the Securities at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or 34 condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Merger Agreement (Marquee Holdings Inc.), Merger Agreement (Amc Entertainment Inc)

Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10101007 through 1011 and Section 1014 if, inclusive, if before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of all outstanding Securities of such seriesthe 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 or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Sea Containers LTD /Ny/), Indenture (Sea Containers LTD /Ny/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 4.03 to 10104.11, inclusiveSection 4.12(a) and Section 4.16, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all the Notes at the time outstanding Securities of such seriesshall, by Act written direction of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. ARTICLE ELEVEN.

Appears in 2 contracts

Samples: Indenture (Amc Entertainment Holdings, Inc.), Indenture (Amc Entertainment Holdings, Inc.)

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