Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 27 contracts

Samples: Indenture (Valley National Bancorp), Indenture (Valley National Bancorp), Indenture (Independent Bank Corp)

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Waiver of Certain Covenants. The Company may, with With respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series301 as being subject to this Section 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallaffected by such term, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 17 contracts

Samples: Indenture (FedNat Holding Co), Indenture (FEDNAT HOLDING Co), Indenture (FEDNAT HOLDING Co)

Waiver of Certain Covenants. The Company mayAs specified pursuant to Section 301(15), with respect to the for Securities of any series, the Company may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 any covenants of the Company added to 10.7 (excluding Section 10.7(1)), or in any covenant provided Article Ten pursuant to Section 3.1(16301(14) or 9.1(2Section 301 (15) for in connection with the benefit Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, covenant or condition shall remain in full force and effect.

Appears in 13 contracts

Samples: Indenture (Medallion Financial Corp), Indenture (Terra Property Trust, Inc.), Indenture (Medallion Financial Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1004 to 10.7 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (excluding Section 10.7(1))except any such term, provision or in any covenant provided condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series902), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 11 contracts

Samples: Indenture (Amb Property Lp), Indenture (Capital Lease Funding Inc), Indenture (Provident Companies Inc /De/)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 801 or in Sections 1004 to 1007, inclusive, hereof, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 11 contracts

Samples: Indenture (Western Massachusetts Electric Co), Indenture (Public Service Co of Oklahoma), Indenture (Public Service Co of Oklahoma)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections Section 10.5 to 10.7 (excluding Section 10.7(1))10.7, inclusive, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.

Appears in 9 contracts

Samples: Indenture (Huntington Bancshares Inc/Md), Indenture (Huntington Bancshares Inc/Md), Indenture (LegacyTexas Financial Group, Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Article 8, Article 10 (other than Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in ) or any covenant provided pursuant specified as contemplated under Section 3.01 with respect to Section 3.1(16) or 9.1(2) for the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 8 contracts

Samples: Subordinated Debt Indenture (Interline Brands, Inc./De), Senior Debt Indenture (Interline Brands, Inc./De), Subordinated Debt Indenture (Interline Brands, Inc./De)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 5.02 through Section 5.04, inclusive, with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 3.01, any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 7 contracts

Samples: Indenture (Baxter International Inc), Indenture (Baxter International Inc), Indenture (Baxter International Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1002 to 10.7 (excluding Section 10.7(1))1007, or in inclusive, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(18), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 6 contracts

Samples: Indenture (Nymagic Inc), Indenture (Bay View Capital Corp), Indenture (Radnor Homes Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(16) or 9.1(29.01(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 6 contracts

Samples: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))through 10.12, Sections 10.14 and 10.15 and Sections 10.18 through 10.19 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 5 contracts

Samples: Indenture (Cliffs Drilling Co), Indenture (KCS Medallion Resources Inc), Indenture (Bellwether Exploration Co)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1007 with respect to 10.7 (excluding the Securities of any series or such other term, provision or condition to which this Section 10.7(1)), or in any covenant provided 1008 may be applicable pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, 301 if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 5 contracts

Samples: Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc), Indenture (Newell Rubbermaid Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.05 and 10.06, or or, in any covenant provided covenants of the Company added to this Article pursuant to Section 3.1(163.01(16) or 9.1(2) for the benefit of the Holders in connection with Securities of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 Trustees to Holders of Securities of such series in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (Profound Medical Corp.), Indenture (Triple Flag Precious Metals Corp.), Indenture (Profound Medical Corp.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(163.1 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 1.4) or 9.1(2) for the benefit of the Holders consent of such series, if before the time for such compliance the Holders of a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 9.5, 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 5 contracts

Samples: Indenture (Aptargroup, Inc.), Indenture (JMP Group LLC), Indenture (JMP Group LLC)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided as specified pursuant to Section 3.1(163.1(b)(17) for Securities of any series, in any covenants of the Company added to Article IX pursuant to Section 3.1(b)(16) or 9.1(2Section 3.1(b)(17) for the benefit in connection with Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 4 contracts

Samples: Indenture (WaferGen Bio-Systems, Inc.), Indenture (Methes Energies International LTD), Indenture (Tengion Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(18), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, waived and, 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 4 contracts

Samples: Indenture (Southside Bancshares Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Waiver of Certain Covenants. The Company may, with (a) With respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series301 as being subject to this Section 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallaffected by such term, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 4 contracts

Samples: Indenture (Winnsboro DC, LLC), Indenture (Salant Corp), Indenture (Perry Ellis Real Estate LLC)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 104) or 9.1(2) for the benefit of the Holders consent of such series, if before the time for such compliance the Holders of a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 905, 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 3 contracts

Samples: Indenture (Williams Partners L.P.), Indenture (Williams Partners L.P.), Indenture (Williams Pipeline Partners L.P.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))9.5 through 9.11, Sections 9.13 and 9.14 and Sections 9.17 through 9.20 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities and the Subsidiary Guarantors, by act of such series shallHolders and written agreement of the Subsidiary Guarantors, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 3 contracts

Samples: Indenture (Cross Timbers Oil Co), Indenture (Cross Timbers Oil Co), Indenture (Petsec Energy Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))9.5 through 9.11, Sections 9.13 and 9.14 and Sections 9.17 through 9.20 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 3 contracts

Samples: Indenture (Pogo Producing Co), Indenture (Pogo Producing Co), Indenture (Pogo Producing Co)

Waiver of Certain Covenants. The A Board Resolution or Officers' Certificate or indenture supplemental hereto which establishes the terms of a series of Securities may provide that specified terms, provisions and conditions are subject to this Section. In such event the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any such term, provision, provision or condition set forth in Sections 10.5 with respect to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of a majority at least 66 2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no . No such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 8(c) (excluding Maintenance of Office), Section 10.7(1)8(d) (Corporate Existence), or in any covenant provided pursuant Section 8(e) (Maintenance of Properties) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, this Subordinated Note if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 3 contracts

Samples: Subordinated Note Purchase Agreement (Farmers National Banc Corp /Oh/), Subordinated Note Purchase Agreement (MVB Financial Corp), Subordinated Note Agreement (FVCBankcorp, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by SECTION 301 for Securities of such series and as contemplated by SECTION 508, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) this Indenture for the benefit of the Holders of such series, series if before the time for such compliance the Holders of a majority at least 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Indenture (Encysive, L.P.), Indenture (Mission E&p Limited Partnership)

Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.06, or or, in any covenant provided covenants of the Company added to this Article pursuant to Section 3.1(163.01(16) or 9.1(2) for the benefit of the Holders in connection with Securities of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 Trustees to Holders of Securities of such series in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Electrovaya Inc.), Indenture (Colliers International Group Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders or in any of such seriesSections 1006 to 1008, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.. Article Eleven

Appears in 2 contracts

Samples: Indenture, Indenture (Phoenix Companies Inc/De)

Waiver of Certain Covenants. The Company may, with may omit in respect to the Securities of any seriesseries of Securities, omit in any particular instance instance, to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 10.07 or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series10.08, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such HoldersSecurityholders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition; provided, but that no waiver by the Holders of the Securities of such waiver series shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, covenant or condition shall remain in full force and effect. The Company shall promptly notify the Trustee, in writing, of any such waiver or of the revocation of any such waiver.

Appears in 2 contracts

Samples: Subordinated Indenture (Xylem Inc.), Senior Indenture (Xylem Inc.)

Waiver of Certain Covenants. The Company may, with In respect to the Securities of any seriesseries of Securities, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 1004 or 1005 (excluding Section 10.7(1))or any term, provision or condition included in any covenant provided an indenture supplemental hereto or established pursuant to Section 3.1(16) or 9.1(2) a Board Resolution solely for the benefit of the Holders such series of such series, Securities) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, or condition and except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Arch Capital Group Ltd.), Indenture (Arch Capital Group Ltd.)

Waiver of Certain Covenants. The Company may, with respect Subject to the rights of the holders of Preferred Securities of any seriesspecified in Section 902, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1004 to 10.7 (excluding 1009, inclusive, and with any other term, provision or condition with respect to the Securities of any series specified in accordance with Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series301, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 2 contracts

Samples: Indenture (Union Planters Corp), Indenture (Unumprovident Financing Trust Iii)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections Section 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 (Privatebancorp, Inc), Indenture (Privatebancorp, Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 1006 to 10.7 (excluding Section 10.7(1))1007, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before the time for such compliance the Holders of at least a majority in principal amount (or principal amount at maturity, as applicable) of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Indenture (International Specialty Products Inc /New/), Indenture (Protection One Alarm Monitoring Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 (i) Section 1005 with respect to 10.7 the Securities of any series or (excluding Section 10.7(1)), or in ii) any covenant provided INDENTURE -53- 60 of the Company added to this Indenture pursuant to clause (17) of Section 3.1(16) or 9.1(2) 301 for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (Newfield Financial Trust Ii)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 10.5, 10.8 and 10.9 and such other covenants, if any, as may be set forth in a supplemental Indenture, Board Resolution or an Officers' Certificate with respect to 10.7 (excluding Section 10.7(1)), or in the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Indenture (Inmc Mortgage Holdings Inc), Indenture (Inmc Mortgage Holdings Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Article Eight, Sections 10.5 to 10.7 (excluding Section 10.7(1))1004 and 1005 and, or in any covenant provided as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2) for the benefit of the Holders of such seriesSection 301(15), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Subordinated Indenture (KPMG Consulting Inc), Indenture (KPMG Consulting Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.05 through 10.11, Sections 10.13 and 10.14 and Sections 10.17 through 10.19 hereof if, before or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of such series shalland the Subsidiary Guarantors, by Act of such HoldersHolders and written agreement of the Subsidiary Guarantors, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Indenture (Flores & Rucks Inc /De/), Indenture (Ocean Energy Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))1006, or in any covenant provided and, as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2Section 301 (15) for in connection with the benefit Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Deere John Capital Corp), Indenture (Deere John Capital Corp)

Waiver of Certain Covenants. The Company mayAs specified pursuant to Section 301(15), with respect to the for Securities of any series, the Company may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 any covenants of the Company added to 10.7 (excluding Section 10.7(1)), or in any covenant provided Article Ten pursuant to Section 3.1(16301(14) or 9.1(2Section 301(15) for in connection with the benefit Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Suro Capital Corp.), Loan and Security Agreement (GSV Capital Corp.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.1(19), 9.1(2) or 9.1(29.1(7) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 2 contracts

Samples: Indenture (Sigma Designs Inc), Indenture (Sigma Designs Inc)

Waiver of Certain Covenants. The Company may, with In respect to the Securities of any seriesseries of Securities, the Company may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 1004 or 1005 (excluding Section 10.7(1))or any term, provision or condition included in any covenant provided an indenture supplemental hereto or established pursuant to Section 3.1(16) or 9.1(2) a Board Resolution solely for the benefit of the Holders such series of such series, Securities) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Arch Capital Group LTD)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any either series, omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) Sections 11.5 to 11.11, inclusive, for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act (or such lesser amount as shall have acted at a meeting pursuant to the provisions of such Holders, this Indenture) shall either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 (Levi Strauss & Co)

Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 10.6 to 10.7 (excluding Section 10.7(1))1007, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before the time for such compliance the Holders of at least a majority in principal amount (or principal amount at maturity, as applicable) of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture Agreement (Protection One Alarm Monitoring Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, Corporate may omit in any particular instance to comply with any term, provision, provision or condition not set forth in Sections 10.5 herein and specified pursuant to 10.7 (excluding Section 10.7(1))2.03 to be applicable to the Securities of any series, or in any covenant except as otherwise provided pursuant to Section 3.1(16) or 9.1(2) for 2.03, with respect to the benefit Securities of the Holders of such series, any series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Securities of such series shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporate 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: Indenture (Savyon Trust Group,inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, or in a supplemental indenture the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series3.01(19), 9.01(2), 9.01(7), if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Kyndryl Holdings, Inc.)

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Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1002 to 10.7 (excluding Section 10.7(1))1005, or in inclusive, with respect to the Securities of any covenant Series and, if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(13), any additional covenants applicable to the benefit of the Holders Securities of such series, Series if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallSeries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Subordinated Debt Indenture (Allegiance Bancshares, Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 1002 to 10.7 (excluding Section 10.7(1))1006, or in inclusive, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 (Boise Cascade Office Products Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities Notes of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit any of the Holders of such seriesSections 4.07 to 4.09, inclusive, if before the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities Notes of such series shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Metlife Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 this Article Ten with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(15), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders Holder of a majority in principal amount of the each Outstanding Securities Security affected thereby of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (GFI Group Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Section 803 or Sections 10.5 1006 to 10.7 (excluding Section 10.7(1))1010, or in any covenant provided inclusive, or, as specified pursuant to Section 3.1(16301(17) for Securities of such series, in any covenants of the Company added to Article Ten pursuant to Section 301(16) or 9.1(2Section 301(17) for the benefit of the Holders in connection with Securities of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of affected by such series shallterm, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Borg Warner Automotive Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.1(r), 9.1(b) or 9.1(29.1(g) for the benefit of the Holders of such series, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Harsco Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 10.6 or 10.7 with respect to 10.7 the Securities of any series (excluding Section 10.7(1))or, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 3.1, any additional covenants applicable to the benefit of the Holders Securities of such series, ) if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Yum Brands Inc)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16301(18), 901(2) or 9.1(2901(7) for the benefit of the Holders of such seriesseries or in any of Sections 1008 to 1009, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall remain in full force and effect.ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Pharmacia & Upjohn Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 8(c) (excluding Maintenance of Office), Section 10.7(18(d) (Corporate Existence), Section 8(e) (Maintenance of Properties), or in any covenant provided pursuant Section 8(f) (Transfer of Voting Stock) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, this Subordinated Note if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Eagle Bancorp Montana, Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any either series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(16) or 9.1(2901(2) for the benefit of the Holders of such seriesseries or in Sections 1008 through 1014, inclusive, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Senior Indenture (Smithkline Diagnostics Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided specified pursuant to Section 3.1(16301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, prior to the time of such failure or omission, evidence (as described in Section 104) or 9.1(2) for of the benefit consent of the Holders of such series, if before the time for such compliance the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall become effectiveeffective in accordance with Section 905, 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: Indenture (DCP Midstream Operating, LP)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any seriesSeries, omit in any particular instance to comply with any term, provision, or condition set forth in Sections 10.5 to 10.7 4.6 and 4.7 (excluding Section 10.7(14.7(1)), or in any covenant provided pursuant to Section 3.1(162.4(16) or 9.1(29.1(b) for the benefit of the Holders of such seriesSeries, if before the time for such compliance the Holders of a majority in principal amount Principal Amount of the Outstanding Securities of such series Series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, or condition, but no such waiver shall extend to or affect such term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 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 (Sterling Bancorp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 1002, 1005 or 1006 with respect to 10.7 (excluding Section 10.7(1))the Securities of any series and, or in any covenant if expressly provided pursuant to Section 3.1(16) or 9.1(2) for 301(18), any additional covenants applicable to the benefit of the Holders Securities of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (CNF Transportation Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities Notes of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(1610.1(b) or 9.1(210.1(g) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of a majority at least 75% in principal amount of the Outstanding Securities Notes of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (GCL Silicon Technology Holdings Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 (i) Section 1005 with respect to 10.7 the Securities of any series or (excluding Section 10.7(1)), or in ii) any covenant provided of the Company added to this Indenture pursuant to clause (17) of Section 3.1(16) or 9.1(2) 301 for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.Company

Appears in 1 contract

Samples: Subordinated Indenture (Marine 300 Series Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 7(c) (excluding Maintenance of Office), Section 10.7(1)7(d) (Corporate Existence), or in any covenant provided pursuant Section 7(e) (Maintenance of Properties) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, this Subordinated Note if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Delmar Bancorp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit may choose in any particular instance not to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 8(c) (excluding Maintenance of Office), Section 10.7(18(d) (Corporate Existence), Section 8(e) (Maintenance of Properties), or in any covenant provided pursuant Section 8(f) (Transfer of Voting Stock) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, this Subordinated Note if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes (excluding any Subordinated Notes held by the Company or any of its Affiliates), by act of such series shall, by Act of such HoldersNoteholders, either waive such compliance in such instance or generally waive have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (Bancplus Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 8(c) (excluding Maintenance of Office), Section 10.7(18(d) (Corporate Existence), Section 8(e) (Maintenance of Properties), or in any covenant provided pursuant Section 8(f) (Transfer of Voting Stock) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesthis Subordinated Note, if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (First Us Bancshares, Inc.)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))1006, or in any covenant provided 1007 and, as specified pursuant to Section 3.1(16301(15) for Securities of any series, in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.1(2Section 301(15) for the benefit in connection with Securities of the Holders of such a series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallall outstanding Securities, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Deere & Co)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1))10.7, inclusive, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Huntington Bancshares Inc/Md)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 5.05 to 10.7 (excluding Section 10.7(1))5.07, or in inclusive, with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of a majority at least 50% in principal amount amount, or if such Securities are not payable at Maturity for a fixed principal amount, 50% of the aggregate issue price of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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 for such series in respect of any such term, provision, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Fleet Capital Trust Ix)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 1004 to 10.7 (excluding Section 10.7(1))1007 inclusive, or in with respect to the Securities of any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.. Article Eleven

Appears in 1 contract

Samples: Supplemental Indenture (Merrill Lynch & Co Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision, provision or condition which affects such series set forth in Sections 10.5 10.06 to 10.7 (excluding Section 10.7(1))10.07, or in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such seriesinclusive, if before the time for such compliance the Holders of at least a majority in principal amount (or principal amount at maturity, as applicable) of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (Hughes Electronics Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, covenant or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), 801 or in any covenant provided pursuant to Section 3.1(16301(10) or 9.1(2Section 901(7) for the benefit of the Holders or in any of such seriesSections 1006 and 1007, 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 the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Subordinated Indenture (Principal Financial Services Inc)

Waiver of Certain Covenants. The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 Section 8(b) (excluding Maintenance of Office), Section 10.7(18(c) (Corporate Existence), Section 8(d) (Maintenance of Properties), or in any covenant provided pursuant Section 8(e) (Transfer of Voting Stock) above, with respect to Section 3.1(16) or 9.1(2) for the benefit of the Holders of such series, this Subordinated Note if before the time for such compliance the Holders Noteholders of at least a majority in aggregate principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such term, provision, provision or condition, but no such waiver shall will extend to or affect such term, provision, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Subordinated Note Purchase Agreement (CB Financial Services, Inc.)

Waiver of Certain Covenants. The Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(163.01(18), 9.01(2) or 9.1(29.01(7) for the benefit of the Holders of such series, series or in Sections 10.05 to 10.07 inclusive if before the time for such compliance the Holders of not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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.shall

Appears in 1 contract

Samples: Indenture (Associated Banc-Corp)

Waiver of Certain Covenants. The Company may, with respect to the Securities Notes of any series, omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 to 10.7 (excluding Section 10.7(1)), or in any covenant provided pursuant to Section 3.1(1610.1(b) or 9.1(210.1(g) for the benefit of the Holders of such series, series if before the time for such compliance the Holders of a majority at least 50% in principal amount of the Outstanding Securities Notes of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, provision or condition, but no such waiver shall extend to or affect such term, provision, 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: Indenture (GCL Silicon Technology Holdings Inc.)

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