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.

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.

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.

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.

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.

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.

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.

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.

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.

Waiver of Certain Covenants. The Company may, with respect Subject to the rights of holders of Preferred Securities of any seriesspecified in Section 9.2, if any, the Company 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)), or in any covenant provided pursuant to Section 3.1(163.1, 9.1(c) or 9.1(29.1(d) for with respect to the benefit of the Holders of such seriesSecurities, if before or after 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, 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.

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.

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 10.4 to 10.7 (excluding Section 10.7(1))10.7, inclusive, or set forth in any covenant provided pursuant to Section 3.1(16) or 9.1(2) for Board Resolution establishing the benefit Debt Securities of the Holders of such a series, if before or after the time for such compliance the Holders of a majority more than 50% in principal amount of the Outstanding Debt Securities of such each series of Debt Securities affected by the omission shall, in each case 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 for the Debt Securities of each series with respect of to any such term, provision, covenant or condition shall remain in full force and effect.

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.

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 3.5, 3.6, 3.7 or 3.11 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 aggregate principal amount at Maturity 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.

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.

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 any covenant specified pursuant to 10.7 (excluding Section 10.7(1)3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 11.5), or in any covenant with respect to the Debt Securities of such series, except as otherwise provided pursuant to Section 3.1(16) or 9.1(2) for 3.1, with respect to the benefit of the Holders Debt 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 Debt 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 expressly so expressly 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.

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.

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.

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.

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.

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.

Waiver of Certain Covenants. The Company may, with respect to and the Securities of any series, Guarantor 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)), or in any covenant provided pursuant to Section 3.1(16301(k) or 9.1(2Section 901(5) for the benefit of the Holders of such series, if before or after 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 Guarantor and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

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.

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.

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.

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.

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.

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.

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.

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.

Waiver of Certain Covenants. The Company mayor the Guarantors, with respect to as the Securities of any seriescase may be, may omit in any particular instance to comply with any term, provision, provision or condition set forth in Sections 10.5 Section 10.5, 10.6 or 10.7 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 Guarantors and the duties of the Trustee in respect of any such term, provision, provision or condition shall remain in full force and effect.

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

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.

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.

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 10.4 (other than with respect to 10.7 the existence of the Company (excluding Section 10.7(1subject to Article VII)), 10.5 and 10.6, inclusive (other than a covenant or in any covenant provided pursuant to Section 3.1(16) condition which under Article IX cannot be modified or 9.1(2) for amended without the benefit consent of the Holders Holder of such serieseach Outstanding Security affected), 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, 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 or any Paying Agent or Conversion Agent in respect of any such term, provision, provision or condition shall remain in full force and effect.

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 pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders covenants established as contemplated by Section 301 with respect to the Securities of any series, except to the extent the terms of such seriesSecurities established as contemplated by Section 301 make this Section 1006 inapplicable to any such term, provision or condition of any such covenant 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.

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.

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 Section 10.02 and Section 10.04 with respect to 10.7 (excluding Section 10.7(1))the Debt Securities of any series if, 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 compliance, the Holders of at least a majority in aggregate principal amount (or, in the case of any Principal Indexed Security, face amount) of the Outstanding Debt Securities of such series at the time Outstanding shall, by Act of such HoldersHolders and on behalf of all Holders of Debt Securities of that Series, 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.

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.

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, or condition set forth in Sections 10.5 this Indenture or any applicable supplemental indenture, 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, if before the time for such compliance the Holders of a majority in principal amount of the Outstanding all outstanding Securities of such series shall, by Act written notice on behalf of the Holders of all of the Securities of such Holdersseries, either waive such compliance in such instance or generally waive compliance with such term, provision, or conditioncondition in accordance with Article 7 and Section 5.04, 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 become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision, or condition shall will remain in full force and effect.

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.

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.

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.

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.

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.

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.

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 Holders of all 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.

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.

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.

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.

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.

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

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.

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 pursuant to Section 3.1(16) or 9.1(2) for the benefit of the Holders covenants established as contemplated by Section 301 with respect to the Securities of any series, except to the extent the terms of such seriesSecurities established as contemplated by Section 301 make this Section 1010 inapplicable to any such term, provision or condition of any such covenant 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.

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.

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.

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 1005 to 10.7 (excluding 1007, inclusive, Section 10.7(1)), or in 1010 and any covenant provided pursuant to Section 3.1(16) or 9.1(2901(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 and at least a majority in aggregate liquidation preference of such series shall, by Act of such Holders, Capital Securities shall 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.

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

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

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.

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

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.

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.

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.

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

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))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 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.