Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, 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.
Appears in 11 contracts
Samples: Indenture (Trinet Corporate Realty Trust Inc), Indenture (Wyman Gordon Co), Indenture (Western Investment Real Estate 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 to 10091010, 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.
Appears in 10 contracts
Samples: Indenture (Carramerica Realty Corp), Indenture (Carramerica Realty Corp), Indenture (Capitalsource 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 10091010, 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 10 contracts
Samples: Indenture (New Plan Realty Trust), Indenture (Carramerica Realty Corp), Indenture (Centerpoint Properties 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 10091017, 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.
Appears in 9 contracts
Samples: Indenture (Nextlink Communications Inc / De), Indenture (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 100910.1 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.
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 or condition set forth in Sections 1004 Section 1006 with respect to 1009, 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.
Appears in 8 contracts
Samples: Subordinated Indenture (Southern First Bancshares Inc), Subordinated Indenture (Entegra Financial Corp.), Subordinated Indenture (Southern First Bancshares 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 10.5, 10.6 or 10.7 with respect to 1009, 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 series, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 7 contracts
Samples: Indenture (Safeco Corp), Indenture (Mgic Investment Corp), Indenture (Safeco 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 10091007 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.
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 or condition set forth in Sections 1004 10.04 to 100910.08, 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.
Appears in 6 contracts
Samples: Indenture (Terra Capital Group), Indenture (Summit Securities Inc /Id/), Indenture (Franchise Finance Corp of America)
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 1009through 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.
Appears in 5 contracts
Samples: Indenture (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 1009, 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.
Appears in 5 contracts
Samples: Indenture (Glaxosmithkline Capital PLC), Indenture (Glaxosmithkline PLC), Indenture (Glaxosmithkline PLC)
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 1009, 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 (NGC Corp), Indenture (NGC Corp), Indenture (Dynegy 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 10091008, 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), Indenture (Shurgard Storage Centers Inc), Indenture (Shurgard Storage Centers 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 10091005 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.
Appears in 5 contracts
Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Wireless Inc), Indenture (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 1009, 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: Indenture (Hospitality Properties Trust), Indenture (Health & Retirement Properties Trust), Indenture (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 to 10091008, 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.
Appears in 5 contracts
Samples: Indenture (Avalonbay Communities Inc), Indenture (Bay Apartment Communities Inc), Indenture (Bay Apartment Communities 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 1009through 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.
Appears in 5 contracts
Samples: Indenture (Aircastle LTD), Indenture (Sealy Corp), Indenture (Forida East Coast Railway L.L.C.)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10091007 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.
Appears in 5 contracts
Samples: Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International Inc), Indenture (Qwest Communications International 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 1009, inclusive1010 or 1011 hereof, 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 Securities at the time Outstanding of such serieseach series which is affected thereby, shall, by Act consent in writing 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 conditions except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (American Heritage Life Investment Corp), Indenture (Ingersoll Rand Co), Senior Debt Securities Indenture (KBHC Financing I)
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 1009Securities 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: Indenture (Cablevision Systems Corp), Indenture (CSC Parent Corp), Indenture (Cablevision Systems 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 1005 and 1006 with respect to 1009, inclusive, the Junior Subordinated Notes 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 the Outstanding Junior Subordinated Notes 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.
Appears in 4 contracts
Samples: Subordinated Note Indenture (Southern Power Co), Subordinated Note Indenture (Gulf Power Co), Subordinated Note Indenture (Georgia Power 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 10091007 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 4 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 or condition set forth in Sections 1004 SECTION 10.05 with respect to 1009, 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.
Appears in 4 contracts
Samples: Subordinated Indenture (Illinois Power Co), Subordinated Indenture (Illinois Power Co), Indenture (Illinois Power 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 10.4 to 100910.8, 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.
Appears in 4 contracts
Samples: Indenture (National Retail Properties, Inc.), Indenture (Commercial Net Lease Realty Inc), Indenture (Commercial Net Lease Realty Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, Section 10.06 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(taken together as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionterm, but no such waiver shall extend to or affect such covenant provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.
Appears in 4 contracts
Samples: Indenture (Xl Group PLC), Indenture (Security Capital Assurance LTD), Indenture (Xl Capital LTD)
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 10091005 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.
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 the covenants set forth in Sections 1004 to 1009through 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.
Appears in 4 contracts
Samples: Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp), Indenture (Onyx Acceptance Corp)
Waiver of Certain Covenants. The Company may omit in 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 1009, 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.
Appears in 4 contracts
Samples: Indenture (Dean Illinois Dairies, LLC), Indenture (GameStop Corp.), Indenture (Model Dairy, 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 10.4 to 100910.8, 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.
Appears in 4 contracts
Samples: Indenture (Viasat Inc), Indenture (Excel Legacy Corp), Indenture (Leap Wireless 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 Section 1006, 1007, 1008 and 1009 with respect to 1009, 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.
Appears in 4 contracts
Samples: Senior Indenture (National City Corp), Senior Indenture (National City Corp), Senior Indenture (National City 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 1009Section 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.
Appears in 4 contracts
Samples: Indenture (Chemtura CORP), Indenture (Nova Chemicals Corp /New), Indenture (HomeCare Labs, Inc.)
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 1009through 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.
Appears in 4 contracts
Samples: Indenture (Burke Industries Inc /Ca/), Indenture (Ameristeel Corp), Indenture (Burke Flooring Products Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, 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 series(taken together as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionterm, but no such waiver shall extend to or affect such covenant provision or condition except to the extent so expressly waived, and, 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 (Xl Capital LTD), Indenture (Xl Capital LTD), Indenture (Xl Capital 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 10091005 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.
Appears in 3 contracts
Samples: Indenture (Rogers Communications Inc), Indenture (Rogers Cable Inc), Indenture (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 1009, 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.
Appears in 3 contracts
Samples: Senior Indenture (Liberty Property Limited Partnership), Indenture (Liberty Property Limited Partnership), Subordinated Indenture (Liberty Property Limited Partnership)
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 1009, 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.
Appears in 3 contracts
Samples: Indenture (Nelnet Inc), Indenture (Nelnet Inc), Indenture (Nelnet 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 10091007 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.
Appears in 3 contracts
Samples: Indenture (Facilicom International Inc), Indenture (World Access Inc /New/), Indenture (Startec Global Communications 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 10091005, 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.
Appears in 3 contracts
Samples: Indenture (Merrill Lynch Preferred Funding I Lp), Subordinated Indenture (Valero Energy Corp/Tx), Indenture (Valero Energy Corp/Tx)
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 1009Section 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.
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 10.05 to 100910.07, 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.
Appears in 3 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
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 10091010, 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.
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 or condition set forth in Sections 1004 to 10091008, 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.
Appears in 3 contracts
Samples: Indenture (Kilroy Realty, L.P.), Indenture (Pan Pacific Retail Properties Inc), Indenture (Pan Pacific Retail Properties 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 1009Section 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.
Appears in 3 contracts
Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Interliant 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 100910.6, 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.
Appears in 3 contracts
Samples: Indenture (Sirius Satellite Radio Inc), Indenture (Cd Radio Inc), Indenture (Sirius Satellite Radio Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10091008, 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 2 contracts
Samples: Indenture Agreement (Realty Income Corp), 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 Section 803 or Sections 1004 1005 to 10091007, 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.
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 to 10091005 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.
Appears in 2 contracts
Samples: Indenture (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 or condition set forth in Sections 1004 1002 to 10091005, 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: Indenture (Boise Cascade Trust Iii), Indenture (Boise Cascade Trust Iii)
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 10091007 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.
Appears in 2 contracts
Samples: Indenture (Be Aerospace Inc), Indenture (Applied Extrusion Technologies 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 10.05 to 100910.07, 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 REDEMPTION OF SECURITIES
Appears in 2 contracts
Samples: Indenture (Goodyear Tire & Rubber Co /Oh/), Indenture (Goodyear Tire & Rubber Co /Oh/)
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 1009, 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.
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 10091007 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.
Appears in 2 contracts
Samples: Indenture (Primus Telecommunications Group Inc), Indenture (Primus Telecommunications 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 10091012, 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.
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 covenant or condition set forth in Sections 1004 10.4 to 100910.6, 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.
Appears in 2 contracts
Samples: Indenture (Cii Financial Inc), Indenture (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 4.03 to 1009, 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.
Appears in 2 contracts
Samples: Indenture (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 covenant or condition set forth in Sections 1004 to 10091005 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.
Appears in 2 contracts
Samples: Indenture (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 1009Section 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.
Appears in 2 contracts
Samples: Indenture (North American Vaccine Inc), Indenture (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 10091012, 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.
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 1009, 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.
Appears in 2 contracts
Samples: Indenture (Hospitality Properties Trust), Indenture (Hospitality Properties Trust)
Waiver of Certain Covenants. The Except as otherwise specified in Section 301 for Securities, the Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusive, 1005 and 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 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.
Appears in 2 contracts
Samples: Subordinated Debenture Indenture (Southern Investments Uk Capital Trust I), Subordinated Debenture Indenture (PPL Electric Utilities 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 10.1 to 100910.6, 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.
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 Section 803 or Sections 1004 to 10091007 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.
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 Section 803 or Sections 1004 to 10091007 and 1008, 1010 through 1015, inclusive and 1017 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.
Appears in 2 contracts
Samples: Indenture (Fleming Companies Inc /Ok/), Indenture (Fleming Companies Inc /Ok/)
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 10091011, 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), Indenture (Developers Diversified 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 to 10091010, 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 Section 803 or Sections 1004 1005 to 10091007, 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 (Atmos Energy Corp), Indenture (Oneok Inc /New/)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 10091008, inclusive, 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 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.
Appears in 2 contracts
Samples: Indenture (Kilroy Realty, L.P.), Indenture (Kilroy Realty, L.P.)
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 10091007 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), Indenture (Primus Telecommunications 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 1009, 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 FIVE
Appears in 1 contract
Samples: Indenture (Aon 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 10.04 to 100910.05, 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 seriesSecurities, 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.
Appears in 1 contract
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 10.8 to 100910.10, inclusive, 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 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.
Appears in 1 contract
Samples: Indenture (FBL Financial Group Inc)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition which affects such series set forth in Sections 1004 4.04 and 4.06 to 1009, 4.09 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 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.
Appears in 1 contract
Samples: Indenture (Network 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 10091007 through 1023, inclusive, 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 seriesNotes, 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.
Appears in 1 contract
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 10091005 and 1006 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 conditionprovision, 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.
Appears in 1 contract
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 10.10 or 10.11 with respect to 1009, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of or 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.
Appears in 1 contract
Samples: Senior Debt Indenture (Interpublic Group of Companies 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 801, with respect to 1009, 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.
Appears in 1 contract
Samples: Indenture (Eg&g 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 1009Sections1007 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.. NYDOCS01/566567 3
Appears in 1 contract
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 1006 through 1009, 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 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 covenantor 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.
Appears in 1 contract
Samples: Indenture (Loehmanns 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 801 and 1005, with respect to 1009, 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.
Appears in 1 contract
Samples: Indenture (Eg&g 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 1009, inclusive4.10 37 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.
Appears in 1 contract
Samples: 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 10091011, 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.
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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 10.4 to 100910.6, 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 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.
Appears in 1 contract
Samples: Indenture (Robbins & Myers 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 1009and 1005, 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 provision or condition, 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
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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 504 and 505, with respect to 1009, inclusive, the Securities of any series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all outstanding the Outstanding Securities of such seriesseries shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE SIX
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Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusiveSection 10.5, 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 Debentures 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.; provided, however, that if the Debentures are held by
Appears in 1 contract
Samples: Indenture (KBK Capital Trust I)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision provision, or condition set forth in Sections 1004 Article III hereof with respect to 1009, inclusive, the Securities of either 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 provision, or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Third Supplemental Trust Indenture (Federated Department Stores 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 10091006 and 1007, 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 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.
Appears in 1 contract
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 Section 1004 to 1009through 1012, inclusive, if before or after the time for such compliance the Holders Debentureholders of at least a majority two-thirds in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Debentures shall, by Act of such HoldersDebentureholders, 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.
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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 Section 1004 to 1009through 1008, inclusive, if before or after the time for such compliance the Note Holders of at least a majority two-thirds (2/3) in aggregate principal amount of all outstanding Securities of such seriesthe Outstanding Notes shall, by Act of such Note Holders, 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.
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Waiver of Certain Covenants. The Company and the Guarantors may omit in any particular instance to comply with any term, provision covenant or condition set forth in Sections 1004 to 10091006 through 1012 and 1015 through 1019, 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 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 conditionprovision, 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.
Appears in 1 contract
Samples: Indenture (Oxford Industries 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 10094.5, inclusive4.9 and 4.10, if before or after the time for such compliance the Holders of at least a majority in principal amount of all the applicable outstanding Securities of such seriesseries shall, by Act of such Holders, 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.
Appears in 1 contract
Samples: Indenture (Gtech 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 3.6 or 3.7 with respect to 1009, 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 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.
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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 1009, 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 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
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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 10091007 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 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.
Appears in 1 contract
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 1008 to 1009, 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.
Appears in 1 contract
Samples: Indenture (Dover 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 10091008 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.
Appears in 1 contract
Waiver of Certain Covenants. The Company may may, omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 100910.04, inclusive, 10.07 or 10.09 if before or after the time for such compliance the Holders of at least a majority 66_% 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.
Appears in 1 contract
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 7.4 to 10097.21, 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.
Appears in 1 contract
Samples: Subordinated Indenture (Inamed 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 Section 801 and Sections 1004 1005 to 1009, inclusive1008, 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 seriesall series (voting as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.
Appears in 1 contract
Samples: Indenture (Heritage Media Corp)
Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1009, inclusiveSection 1004, 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 ex- tend 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.
Appears in 1 contract
