Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except The Company and/or the Parent Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesapplicable, the Company and the Subsidiary Guarantors 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 1004 to 1009, inclusive, and with any covenant provided other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 301(21902), 901(2) or 901(7) 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 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 and/or the Subsidiary Guarantors Parent Guarantor, as applicable, 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. Except as otherwise specified as contemplated by Section 301 for Securities Each of such series, the Company Issuer and the Subsidiary Guarantors 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 802, 1004 and 1005 (and each of the Issuer and the Guarantors may omit in any covenant provided particular instance to comply with any term, provision or condition specified pursuant to Section 301(21), 901(2) or 901(7301(14) for the benefit of the Holders of such series Securities) if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (voting as one class) 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 Issuer and the Subsidiary Guarantors Guarantors, as the case may be, and the duties of the Trustee for the Securities of each series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except The Company or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 Section 10.5 with respect to the Securities of any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 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 Subsidiary Guarantors Guarantor 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. Except The Company or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 Section 10.5, 10.6 or 10.7 with respect to the Securities of any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(19), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to 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 1001 through 1005 and 1007 through 1009, inclusive, or any covenant provided pursuant to Section 301(21), 901(2) or 901(7) added for the benefit of the Holders any series of such series Securities as contemplated by Section 301 (unless otherwise specified pursuant to Section 301) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (acting as one class) 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 or the Subsidiary Guarantors Guarantor, as applicable, 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Issuer and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Issuer and the Subsidiary Guarantors any Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors The Corporation may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such Securities set forth in any covenant provided Section 803 or Sections 1006 through 1008 inclusive or, as specified pursuant to Section 301(21)301(17) for Securities of such series, 901(2in any covenants of the Corporation added to Article Ten pursuant to Section 301(16) or 901(7Section 301(17) for the benefit of the Holders in connection with Securities of such series 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 shallseries, 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 Subsidiary Guarantors Corporation and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors Guarantor 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 Section 1009, 1010 or 1011 with respect to the Securities of such series or in any covenant provided pursuant to Section 301(21301(s), 901(2901(b) or 901(7901(g) 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors or any Guarantor 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 any covenant provided pursuant to Section 301(213.1(b)(15), 901(28.1(b) or 901(78.1(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 act of such HoldersHolders in accordance with Section 1.4, 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 each of the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Subsidiary Guarantors any Guarantor, as applicable 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. Except The Company or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 1005, 1006 or 1007 with respect to the Securities of any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors any Guarantor, as applicable 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. Except as otherwise specified established as contemplated by Section 301 for the Securities of such any series, the Company and the Subsidiary Guarantors Guarantor may, with respect to the Securities of any such series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to established as contemplated by Section 301(21), 901(2301(18) or 901(7adopted by indenture supplemental hereto under Section 901(2) for the benefit of the Holders of such series series, or in any of Sections 1005, 1006, 1008 or 1009, 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and the Subsidiary Guarantors and/or any Guarantor, as applicable, 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 any covenant provided pursuant to Section 301(21Sections 3.01(r), 901(29.01(b) or 901(79.01(g) for the benefit of the Holders of such series and in Sections 10.06 or 10.07 if before the time for such compliance the Holders of at least 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 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 Subsidiary Guarantors and/or such Guarantor, as applicable, 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 to 1010, inclusive, or, as specified pursuant to Section 301(21)301(15) for Securities of such series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for the benefit of the Holders in connection with Securities of such series 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 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 Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors a Guarantor 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 any covenant provided pursuant to Section 301(21), 901(2) or 901(7901(8) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1006 through 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 all affected 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 Subsidiary Guarantors each Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 any covenant provided specified pursuant to Section 301(21)301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, 901(2prior to the time of such failure or omission, evidence (as described in Section 104) or 901(7) for of the benefit consent of the Holders of such series if before the time for such compliance the Holders of at least 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 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 effectiveeffective in accordance with Section 905, the obligations of the Company and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Issuer and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided as specified pursuant to Section 301(21)301(15) for Securities of any series, 901(2in any covenants of the Issuer and the Guarantor added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for the benefit in connection with Securities of the Holders of such series 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 shallthat series, 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 Issuer and the Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such any series, the Company Corporation and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21Sections 3.1(22), 901(29.1(2) or 901(79.1(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of at least 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 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 Corporation and the Subsidiary Guarantors Guarantor and the duties of the U.S. Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Corporation or the Guarantor will promptly notify the U.S. Trustee in writing of any such waiver or the revocation of any such waiver.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 Section 1005 with respect to the Debt Securities of any series or any other covenant provided or condition applicable to the Debt Securities of any series pursuant to Section 301(21)301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 901(2) or 901(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 all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 1006 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(19), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Subsidiary Guarantors Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21), 901(2301(19) or 901(7901(9) for the benefit of the Holders of such series or in Section 1004 if before the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such HoldersHolders (including a waiver obtained in connection with a tender offer or exchange offer for Securities of such series), 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(213.01(18), 901(29.01(2) or 901(79.01(7) for the benefit of the Holders of such series (other than a covenant which if before subject to an amendment under Section 9.02, would require the time for such compliance consent of the Holder of each Outstanding Security affected thereby), if 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, waived and, until such waiver shall become effective, the obligations of the Company and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition conditions set forth in any Sections 10.5 to 10.7, inclusive (other than a covenant provided pursuant to Section 301(21or condition which under Article VIII cannot be modified or amended without the consent of the Holder of each Outstanding Security affected), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders shall, through the written consent of, or the adoption of a resolution at least a meeting of Holders of the Outstanding Securities at which a quorum is present by, not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such HoldersSecurities, 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 Subsidiary Guarantors and the duties of the Trustee or any Paying or Conversion Agent in respect of any such term, provision covenant or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors Guarantor may, with respect to the Securities of any one or more series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series if or in Article Eight if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series waiver (considered together as one class for this purpose) 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 Subsidiary Guarantors Guarantor 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. Except Subject to Section 502 and Section 902, and except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors Bank 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 any covenant provided pursuant to Section 301(21301(c)(18), 901(2) or 901(7) for the benefit of the Holders of such series or in Section 1005 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 Subsidiary Guarantors Bank 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to clause (r) of Section 301(21), 901(2301 or clause (b) or 901(7(g) of Section 901 for the benefit of the Holders of such series or in any of Sections 1005 to 1007, 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 803 or Sections 1006 to 1009, inclusive, or, as specified pursuant to Section 301(21)301(15) for Securities of such series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for the benefit of the Holders in connection with Securities of such series 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 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 Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series or in any of Section 801(3) or Sections 1006 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and or the Subsidiary Guarantors Guarantors, as the case may be, 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 any covenant provided pursuant to Section 301(213.01(r), 901(2Section 9.01(a) or 901(7Section 9.01(l) for the benefit of the Holders of such series or in Article 8, 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 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 or the Subsidiary Guarantors Guarantors, as the case may be, 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. Except as otherwise specified as contemplated by Section 301 for Securities Senior Notes of such series, the Company and Issuer or the Subsidiary Guarantors Guarantors, as the case may be, may, with respect to the Securities Senior Notes of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(21301(17), Section 901(2) or 901(7Section 901(10) for the benefit of the Holders of such series or in Section 1004 or Article Eight, 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 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 Issuer or the Subsidiary Guarantors Guarantors, as the case may be, 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and or the Subsidiary Guarantors Guarantors, as the case may be, 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 any covenant provided pursuant to Section 301(213.01(18), 901(2Section 9.01(1) or 901(7Section 9.01(12) for the benefit of the Holders of such series or in Article VIII, 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 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 or the Subsidiary Guarantors Guarantors, as the case may be, 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. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21), 901(2) or 901(7901(8) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1006 through 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 all affected 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 to 1010, inclusive, or, as specified pursuant to Section 301(21)301(15) for Securities of such series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for the benefit of the Holders in connection with Securities of such series 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 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 Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21301(22), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21-62- 301(16), 901(2) or 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1010, 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in clause (ii) of Section 1005 and Sections 1006 and 1007, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21)301, 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company Issuer and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21301(26), 901(2) or 901(7901(6) for the benefit of the Holders of such series if before the time for such compliance the Holders of at least a majority 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 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 Issuer and the Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 10.5 through 10.8 or in any covenant provided pursuant to Section 301(213.1(22), 901(29.1(2) or 901(79.1(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 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 Subsidiary Guarantors 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. Except Subject to Section 502 and Section 902, and except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21301(c)(18), 901(2) or 901(7) for the benefit of the Holders of such series or in Section 1005 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.5 or as specified pursuant to Section 301(21)3.1(15) for Securities of such series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 3.1(14) or 901(7Section 3.1(15) for the benefit of the Holders in connection with Securities of such series 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 or conditioncondition (provided that evidence of such waiver is presented to the Trustee), 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 Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 1005 to 1009, inclusive, and with any covenant provided other term, provision or condition with respect to the Securities of any series specified in accordance with Section 301 (except any such term, provision or condition which could not be amended without the consent of all Holders of Securities of such series pursuant to Section 301(21902), 901(2) or 901(7) 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 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 Company, the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and or the Subsidiary Guarantors Guarantor, if applicable, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision covenant in Section 10.8 or condition set forth in any covenant 10.9 or provided pursuant to Section 301(21), 901(23.1 or Section 9.1(a) or 901(7(c) 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 or conditioncovenant, but no such waiver shall extend to or affect such termcovenant, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and or the Subsidiary Guarantors and the duties of the Trustee Guarantor, if applicable, in respect of any such term, provision or condition covenant shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities Each of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 802, 1004 and 1005 (and each of the Company and the Guarantor may omit in any covenant provided particular instance to comply with any term, provision or condition specified pursuant to Section 301(21), 901(2) or 901(7301(14) for the benefit of the Holders of such series Securities) if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (voting as one class) 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 Subsidiary Guarantors Guarantor, as the case may be, and the duties of the Trustee for the Securities of each series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 Section 4.01 through Section 4.09, except as otherwise specifically provided therein (and, if so specified pursuant to Section 2.03, any other covenant not set forth herein and specified pursuant to Section 2.03 to be applicable to the Securities of any series, except as otherwise provided pursuant to Section 301(212.03), 901(2) or 901(7) for with respect to the benefit Securities of the Holders of such 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 or condition, but no such waiver shall extend to or affect such term, 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21), 901(2901(6) or 901(7901(11) for the benefit of the Holders of such series series, in Article Eight, or in Sections 1005 and 1006, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such affected 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors Guarantors, as the case may be, 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 any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 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 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 or the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 802, 1004 and 1005 (and the Company and the Guarantor may omit in any covenant provided particular instance to comply with any term, provision or condition specified pursuant to Section 301(21), 901(2) or 901(7301(13) for the benefit of the Holders of such series Securities) if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (voting as one class) 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 Subsidiary Guarantors Guarantor, as the case may be, and the duties of the Trustee for the Securities of each series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, The Issuer or the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1006 to 1010, inclusive, and any covenant provided pursuant not currently included in this Indenture but specified as applicable to a series of Securities as contemplated by Section 301(21)301, 901(2) or 901(7) for with respect to the benefit Securities of the Holders of such any series 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 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 any 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 Issuer or the Subsidiary Guarantors Guarantor 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. Except The Company or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 6.04 through 6.07, inclusive, and the provisions of any covenant provided pursuant Supplemental Indenture specified in such Supplemental Indenture, with respect to Section 301(21), 901(2) or 901(7) for the benefit Securities of the Holders of such any 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 Section 1009 or 1010 with respect to the Securities of such series or in any covenant provided pursuant to Section 301(21301(19), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21301(19), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 10.05 through 10.06 or in any covenant provided pursuant to Section 301(213.01(22), 901(29.01(2) or 901(79.01(5) or (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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, Holdings, the Company Issuers and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 Holdings, the Company Issuers and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such a specific series, the Company and the Subsidiary Guarantors Guarantor may, with respect to the Securities of any one or more series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(21301(19), 901(2) or 901(7) for the benefit of the Holders of such series if or in Article Eight if, before the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series waiver (considered together as one class for this purpose) 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 803 or Sections 1006 to 1010, inclusive, or, as specified pursuant to Section 301(21)301(15) for Securities of such series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for the benefit of the Holders in connection with Securities of such series 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 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 Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 10.5 through 10.8 or in any covenant provided pursuant to Section 301(213.1(21), 901(29.1(2) or 901(79.1(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 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 Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. Table of Contents

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21301(20), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities Securites of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21301(p), 901(21201(b) or 901(71201(f) for the benefit of the Holders of such series or in any of Sections 602, 603, 606 or 1001 or Article Eleven 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 of expressly waived, and, until such waiver shall become effective, the obligations of the Company and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors or any Guarantor 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 any covenant provided pursuant to Section 301(213.1(15), 901(28.1(7) or 901(7) for of 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 act of such HoldersHolders in accordance with Section 1.4, 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 each of the Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force forth and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors mayGuarantor, with respect to as the Securities of any seriescase may be, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided Sections 1006, 1007 and, as specified pursuant to Section 301(21)301(15) for Securities of any series, 901(2in any covenants of the Company or the Guarantor added to Article X pursuant to Section 301(14) or 901(7Section 301(15) for the benefit in connection with Securities of the Holders of such series 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 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 Subsidiary Guarantors Guarantor and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. 77

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 12.05, 12.07, 12.08 and 12.09 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Section 301(21), 901(23.01) or 901(7) for with respect to the benefit Debt Securities of the Holders of such any 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 or condition, but no such waiver shall extend to or affect such term, 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 Subsidiary Guarantors 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. Except The Issuer or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 1005, 1006, 1007, 1008, 1009, 1010 and 1011 with respect to the Securities of any covenant provided series (or other provisions made applicable to such Securities pursuant to Section 301(21), 901(2301) or 901(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 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 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 Issuer and the Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors or any Guarantor 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 any covenant provided pursuant to Section 301(213.1(15), 901(28.1(2) or 901(78.1(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 act of such HoldersHolders in accordance with Section 1.4, 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 each of the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 10.5 through 10.8 or in any covenant provided pursuant to Section 301(213.1(21), 901(29.1(2) or 901(79.1(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 10.01, 10.02, 12.07 and 12.08 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Section 301(21), 901(23.01) or 901(7) for with respect to the benefit Debt Securities of the Holders of such any 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 or condition, but no such waiver shall extend to or affect such term, 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 Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(18), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors any Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Section 301(21), 901(23.01) or 901(7) for with respect to the benefit Debt Securities of the Holders of such any 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 or condition, but no such waiver shall extend to or affect such term, 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 Subsidiary Guarantors Guarantor and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Waiver of Certain Covenants. Except as otherwise specified as contemplated by in respect of a covenant or provision that under Section 301 for Securities 8.02 cannot be modified or amended without the consent of such serieseach Holder affected, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21), 901(2) or 901(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 aggregate principal amount of the Outstanding Securities of such series shallseries, by Act with notice to the Trustee (and without notice to any other Holder) may, on behalf of all Holders of such Holdersseries of Securities, either waive such compliance in such instance or generally waive compliance with any covenant set forth in Sections 9.02, 9.03, 9.04, 9.06 and 9.07 (as may be amended or supplemented pursuant to Section 3.01(r)) with respect to any such termseries of Securities; provided, provision or condition, but that no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waivedwaived with respect to such series of Securities, and, until such waiver shall become effective, the obligations of the Company and the Subsidiary Guarantors Company, any Guarantor 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. Except as otherwise As specified as contemplated by pursuant to Section 301 301(15) for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided Sections 1004 and 1005 and, as specified pursuant to Section 301(21)301(15) for Securities of any series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301 (15) for in connection with the benefit Securities of the Holders of such series 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series301, the Company and the Subsidiary Guarantors 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 any covenant provided established pursuant to Section 301(21), 901(2Sections 301(22) or 901(7901(2) for the benefit of the Holders of the Securities of such series or in Sections 1006 and/or 1007 (to the extent such Sections are applicable to the 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 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 Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. COVENANTS

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for With respect to the Securities of such any series, the Company and the Subsidiary Guarantors 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 any covenant provided specified pursuant to Section 301(21301 or any other provision of this Indenture, as it may be supplemented from time to time, other than any such term, provision or condition which is listed in Section 902(1) through (4), 901(2) or 901(7) 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 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such seriesThe Company may omit in any particular instance to comply with any covenant or condition set forth in Sections 1002 to 1006, the Company and the Subsidiary Guarantors mayinclusive, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 301(21), 901(2) or 901(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, or with respect to the Securities of all series if the omission is being sought with respect to the Securities of all series, a majority in principal amount of the Outstanding Securities of all series (voting as a single class), 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 Subsidiary Guarantors and the duties of the Trustee in with respect of to any such term, provision covenant or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, The Guarantor and the Company and the Subsidiary Guarantors 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 Section 5.02 through Section 5.07, inclusive, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21)3.01, 901(2) or 901(7) for 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 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 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 Guarantor, the Company and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21), 901(2) or 54 901(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 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 Subsidiary Guarantors 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. Except Subject to the rights of holders of Preferred Securities specified in Section 9.2, if any, and except as otherwise specified as contemplated by Section 301 3.1 for Securities of such series, the Company and or the Subsidiary Guarantors Guarantor, if applicable, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision covenant in Section 10.8 or condition set forth in any covenant provided pursuant to Section 301(21), 901(23.1 or Section 9.1(a) or 901(7(c) for the benefit of the Holders holders of such series 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 or conditioncovenant, but no such waiver shall extend to or affect such term, provision or condition covenant except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and or the Subsidiary Guarantors and the duties of the Trustee Guarantor, if applicable, in respect of any such term, provision or condition covenant shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to 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 1001 through 1005 and 1007 through 1010, inclusive, or any covenant provided pursuant to Section 301(21), 901(2) or 901(7) added for the benefit of the Holders any series of such series Securities as contemplated by Section 301 (unless otherwise specified pursuant to Section 301) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (acting as one class) 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 or the Subsidiary Guarantors Guarantor, as applicable, 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. Except The Company or the Guarantor, as otherwise specified as contemplated by Section 301 for Securities of such seriesthe case may be, the Company and the Subsidiary Guarantors 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 6.04 through 6.07, inclusive, and the provisions of any covenant provided pursuant Supplemental Indenture specified in such Supplemental Indenture, with respect to Section 301(21), 901(2) or 901(7) for the benefit Securities of the Holders of such any 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 will extend to or affect such term, provision provision, or condition condition, except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the Subsidiary Guarantors Guarantor 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. Except as otherwise As specified as contemplated by pursuant to Section 301 301(15) for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided Sections 1004 and 1005 and, as specified pursuant to Section 301(21)301(15) for Securities of any series, 901(2in any covenants of the Company added pursuant to Section 301(14) or 901(7Section 301(15) for or otherwise in connection with the benefit Securities of the Holders of such series 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 1005 through 1008 or in any covenant provided pursuant to Section 301(21301(22), 901(2) or 901(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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 12.05, 12.07 and 12.08 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Section 301(21), 901(23.01) or 901(7) for with respect to the benefit Debt Securities of the Holders of such any 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 or condition, but no such waiver shall extend to or affect such term, 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 Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities “Each of such series, the Company Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in any covenant clause (ii) of Section 1005, Sections 1006 and 1007 and Section 1011 through 1016, inclusive, but in each case solely insofar as relates to the Notes and, if expressly provided pursuant to Section 301(21)301, 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders of such series if Notes if, before the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallNotes, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived 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 Operating Partnership and the Subsidiary Guarantors Guarantor, as the case may be, 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Issuer and the Subsidiary Guarantors may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.08 or 10.09, inclusive, or, as specified pursuant to Section 301(21), 901(2) or 901(73.01(19) for the benefit of the Holders Securities of such series series, in any covenants added to Article Ten pursuant to Section 3.01(19) 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 shallseries, 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 Issuer and the Subsidiary Guarantors and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Issuer and the Subsidiary Guarantors 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 1004 to 1007, inclusive, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(16), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if 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 shallseries, by Act 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 Issuer and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series or in Section 1005, 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series and in Sections 1008 or 1009 if before the time for such compliance the Holders of at least a majority 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors Guarantor 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 any covenant provided pursuant to Section 301(21301(22), 901(2) or 901(7) for the benefit of the Holders of such series if before the time for such compliance the Holders of at least a majority 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 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 Subsidiary Guarantors Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors may, with respect to the Securities of any series, each Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in this Indenture, the Securities of any covenant provided pursuant series, the Guarantees and any Security Documents except as to those matters specified in clauses (1) to (5) of Section 301(21)902, 901(2) or 901(7) 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 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 termcovenant or condition (including consents obtained in connection with a purchase of, provision or conditiona tender offer or exchange offer for, the Securities of the applicable series), 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 Subsidiary Guarantors such Guarantor 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company The Operating Partnership and the Subsidiary Guarantors may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 301(21301(18), 901(2) or 901(7) for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before the time for such compliance 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 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 Operating Partnership and the Subsidiary Guarantors any Guarantor, as applicable 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. Except as otherwise specified as contemplated by Section 301 2.01 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21Sections 2.01(16), 901(29.01(4) or 901(79.01(7) for the benefit of the Holders holders of such series or in any of Sections 4.06 and 4.07, if before the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and the Subsidiary Guarantors 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 any covenant provided pursuant to Section 301(21301(18), 901(2) or 901(7) for the benefit of the Holders of such series or in Section 1009 or any term provision or condition set forth in an indenture supplemental hereto, if before the time for such compliance compli-ance 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 conditioncondi-tion, 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 effectiveeffec-tive, the obligations of the Company and the Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 3.01 for Securities of such series, the Company and the Subsidiary Guarantors 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 any of Sections 10.05 through 10.06 or in any covenant provided pursuant to Section 301(213.01(21), 901(29.01(2) or 901(79.01(5) or (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 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 Subsidiary Guarantors 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. Except as otherwise As specified as contemplated by pursuant to Section 301 301(15) for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided Sections 1004 and 1005 and, as specified pursuant to Section 301(21)301(15) for Securities of any series, 901(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 901(7Section 301(15) for in connection with the benefit Securities of the Holders of such series 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 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the The Company and the Subsidiary Guarantors 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 1004 to 1008, inclusive, with respect to the Securities of any covenant provided series or any other term, provision or condition applicable to the Securities of any series pursuant to Section 301(21), 901(2301 (unless such covenant or condition is determined pursuant to Section 301 to not be subject to this provision) or 901(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 of the total principal amount of the Outstanding Securities of all series to which such series term, provision or condition applies 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 Subsidiary Guarantors 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. Except as otherwise specified as contemplated by Section 301 for Securities of such series, the Company and or the Subsidiary Guarantors Guarantors, as the case may be, 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 any covenant provided pursuant to Section 301(21301(18), 901(2Section 901(5) or 901(7Section 901(8) for the benefit of the Holders of such series or in Article VIII, 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 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 or the Subsidiary Guarantors Guarantors, as the case may be, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.