Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 11 contracts

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

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Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 10 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.05 to 10.07, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 8 contracts

Samples: Indenture (Itron Inc /Wa/), Indenture (Affymetrix Inc), Indenture (Seacor Holdings Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.10 and Section 4.11(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 7 contracts

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

Waiver of Certain Covenants. The Company or any Guarantor may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 10.05 through 3.410.07, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (A I M Management Group Inc /De/), Indenture (A I M Management Group Inc /De/), Indenture (Amvescap PLC/London/)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition conditions set forth in Sections 3.1 through 3.410.5 to 10.7, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Cuc International Inc /De/), Indenture (Tech Data Corp), Indenture (Interim Services Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1012 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 6 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.11 and Section 4.12(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 6 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.410.04 to 10.08, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Indenture Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (Chartermac), Indenture (Lexington Corporate Properties Trust), Indenture (Lexington Corporate Properties Trust)

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Supplemental Indenture (Constellation Brands, Inc.), Supplemental Indenture (Constellation Brands, Inc.), Exhibit (Constellation Brands, Inc.)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.02 to 4.11, ifSection 4.12(a) and Section 4.16, before or after the time for such compliance, if the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the all outstanding Notes at the time Outstanding shallof such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4Section 9.04, 9.05, or 9.07 if, before or after the time for such compliance, the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.6 through 3.410.11 and 10.14 through 10.18, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Bally Total Fitness Holding Corp), Indenture (Di Giorgio Corp), Indenture (Bally Total Fitness Holding Corp)

Waiver of Certain Covenants. The Company and its Subsidiaries may omit in a any particular instance to comply with any covenant term, provision or condition set forth in or Sections 3.1 1004 through 3.41008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1005 through 3.4, 1020 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.43.15, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Supplemental Indenture (Canandaigua LTD), Supplemental Indenture (Canandaigua LTD), Exhibit (Constellation Brands Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.49.5 to 9.16, ifinclusive, with respect to the Senior Notes if before or after the time for such compliance, of compliance the Holders of not less than a majority in aggregate principal amount of the Outstanding Senior Notes at the time Outstanding shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41006 and 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (National Data Corp), Indenture (Reptron Electronics Inc), Indenture (Southern Mineral Corp)

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 4.01 through 3.44.21, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1011, ifinclusive, and Section 1015 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities thereby affected, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1014 and Section 1017 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Senior Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Granite Broadcasting Corp), Indenture (Granite Broadcasting Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1010 inclusive, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Philip Services Corp/De), Indenture (Philip Services Corp/De)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.07 to 10.14, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities affected thereby (voting as a class) shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may with respect to the Senior Notes omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1011 and Section 1014 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Senior Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth with respect to the Securities of any series specified in Sections 3.1 through 3.4accordance with Section 301, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Junior Subordinated Indenture (Delphi Financial Group Inc/De), Junior Subordinated Indenture (Delphi Financial Group Inc/De)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.11, ifSection 4.12(a) and Section 4.16, before or after the time for such compliance, if the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.12 and Sections 4.13(a) and (b), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4402 to 411 hereof, if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act written direction of such HoldersHolders delivered to the Trustee, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Third Supplemental Indenture (Regal Entertainment Group), Second Supplemental Indenture (Regal Entertainment Group)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1012, if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.09 and Section 4.10(a), if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.2, if10.3, 10.5 and 10.6, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Signature Resorts Inc), Indenture (Signature Resorts Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision, or condition set forth in Sections 3.1 through 3.4Section 4.03 and the provisions of any supplemental indenture specified in such supplemental indenture, if, before or after with respect to the time for such compliance, Notes if the Holders of not less than a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, except as provided in Section 8.2, but no such waiver shall will extend to or affect such covenant term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision, or condition shall will remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Quicksilver Resources Inc), Indenture (Quicksilver Resources Inc)

Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.03 if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act action of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 4.03 through 3.44.13, if, if before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (National CineMedia, LLC), Indenture (National CineMedia, LLC)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1017 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41006 to 1008, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Pmi Group Inc), Indenture (GBC Bancorp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 to 1009, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

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

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 5.6 through 3.45.12 and 5.15 through 5.19, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, outstanding waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Genesis Health Ventures Inc /Pa), Indenture (Genesis Health Ventures Inc /Pa)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41005 to 1008, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Georgia Gulf Corp /De/)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004 and 1011, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: First Supplemental Indenture (Sonic Automotive Inc)

Waiver of Certain Covenants. The Issuer and the Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41005, if1006 or 1007, if before or after the time for such compliance, the compliance Holders of not less than representing at least a majority in aggregate principal amount of the Outstanding Senior Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Ibp Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.05 through 3.4, 10.13 and Sections 10.15 through 10.18 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Hollinger Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.43.7 to 3.9, ifinclusive, if before or after the time for such compliance, compliance the Holders Securityholders of not less than a majority at least 66 2/3% in aggregate principal amount of the Notes at the time Outstanding Debentures then outstanding shall, by act of such Holdersin writing, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Odyssey Re Holdings Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 2019 Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Diamond Offshore Drilling Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4second and third paragraph of Section 704, if, if before or after the time for such compliance, the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Usec Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 2039 Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Seventh Supplemental Indenture (Diamond Offshore Drilling Inc)

Waiver of Certain Covenants. The Company may omit in a particular instance to comply with any covenant or condition set forth in Sections 3.1 4.01 through 3.44.09, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding or shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Constellation Brands, Inc.)

Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Section 801 and in Sections 3.1 through 3.41006 to 1008, ifinclusive, with respect to the Notes if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN -------------- REDEMPTION OF NOTES -------------------

Appears in 1 contract

Samples: Indenture (Presidential Life Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1006 through 3.41015, 1019(a) and 1021, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes KDSM Senior Debentures at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Sinclair Broadcast Group Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4of the covenants established with respect to the Securities, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Royal Caribbean Cruises LTD)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 1004 through 3.4, if, 1007 with respect to the Notes if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Commercial Federal Corp)

Waiver of Certain Covenants. The Company and the Guarantors may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1006 through 3.41010 and 1013 through 1019(a), if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Mallard & Mallard of La Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1005 through 3.41014, 1016, 1017 and 1019, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Vencor Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 1997A Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Diamond Offshore Drilling Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 8.03, Sections 3.1 10.07 or 10.09 through 3.410.17, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Cd Radio Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.04 to 10.06, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Debentures shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Systems & Computer Technology Corp)

Waiver of Certain Covenants. The Unless otherwise specified in this Supplemental Indenture or in the Indenture, the Company may omit in a any particular instance to comply with any covenant term, provision, or condition set forth in Sections 3.1 through 3.4, if, before or after the time for such compliance, Article III hereof if the Holders of not less than a majority in aggregate principal amount of the Outstanding Senior Subordinated Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision, or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision, or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Third Supplemental Trust Indenture (Louisiana Pacific Corp)

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Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 and 1005, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (NVR Inc)

Waiver of Certain Covenants. The Company may omit in a respect of the Notes, in any particular instance instance, to comply with any covenant or condition set forth in Sections 3.1 through 3.44.10 or 4.11, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shalloutstanding, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. ARTICLE

Appears in 1 contract

Samples: Indenture (Toys R Us Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.6 through 3.410.11 and Sections 10.14 through 10.20, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. - 104 -

Appears in 1 contract

Samples: Indenture (Bally Total Fitness Holding Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 1004 through 3.4, if, 1007 with respect to the Notes if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, either shall waive such compliance in such instance or generally shall have waived compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Commercial Federal Corp)

Waiver of Certain Covenants. The Company may omit omit, in a any particular instance instance, to comply with any covenant or condition set forth in Sections 3.1 through 3.3 and 3.4, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes Securities at the time Outstanding outstanding shall, by act of such Holdersnotice to the Trustee, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (CBS Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.03 or Section 4.04 with respect to the Notes if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the outstanding Notes at the time Outstanding shall, by act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Dean Foods Co)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Nextlink Communications LLC)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1006, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than a majority at least 66-2/3% in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (First State Bancorporation)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the all Outstanding Notes at the time Outstanding shallaffected by such term, provision or covenant, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Borg Warner Security Corp)

Waiver of Certain Covenants. The Company may omit in a --------------------------- any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41004 and 1005, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (NVR Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.44.03 to 4.12, ifSection 4.13(a) and Section 4.17, before or after the time for such compliance, if the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding shall, by act written direction of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Amc Entertainment Holdings, Inc.)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803, Sections 3.1 1007 or 1009 through 3.41017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount at maturity of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Cd Radio Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, Section 9.04 or 9.05 if, before or after the time for such compliance, the Holders of not less than at ---- ---- least a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Interliant Inc)

Waiver of Certain Covenants. The Company may may, with respect to any Securities, omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.44.02 to 4.06, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act of such Holders, Securities shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Persons entitled to waive compliance with any covenant or condition

Appears in 1 contract

Samples: Indenture (Noble Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 9.5 through 3.4, 9.10 or Section 9.12 hereof if, before or after the time for such compliance, the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Xto Energy Inc)

Waiver of Certain Covenants. The Company may omit in a any --------------------------- particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the 57 Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Frontier Corp /Ny/)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.43.5, if, 3.6 or 3.7 with respect to the Securities of any Series if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Securities of such Holders, Series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Tosco Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. -102- 106 ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Forest City Enterprises Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 3.5 or 3.6 with respect to the Securities of any Series if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Securities of such Holders, Series shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (FMC Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.410.6 to 10.10, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallall outstanding Securities of such series, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Berkshire Realty Co Inc /De)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1011, ifinclusive, of this Indenture if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Diamond Offshore Drilling, Inc.)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1007 through 3.4, 1012 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Cablevision Systems Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.4, if, Section 4.06 and 4.07 with respect to the Securities if before or after the time for such compliance, compliance the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding outstanding Securities shall, by act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (RR Donnelley & Sons Co)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 through 3.41005 to 1007, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time all Outstanding shallSecurities, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Atmos Energy Corp)

Waiver of Certain Covenants. The Company or any Subsidiary Guarantor may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Section 803 or Sections 3.1 1007 through 3.41022, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shallNotes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Afa Products Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41005 to 1010, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding 2014 Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Fourth Supplemental Indenture (Diamond Offshore Drilling Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1017, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. Article Eleven

Appears in 1 contract

Samples: Indenture (Forest City Enterprises Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801 and Sections 3.1 through 3.41004 to 1020, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Outstanding Notes at the time Outstanding shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.in

Appears in 1 contract

Samples: Indenture (Liberty Group Management Services Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 and 1007, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN -------------- NO REDEMPTION OF SECURITIES

Appears in 1 contract

Samples: Indenture (New Century Financial Corp)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.41004, 1010 and 1012, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Second Supplemental Indenture (Sonic Automotive Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 1006 through 3.41008, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount Principal Amount at Issuance of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (WCHS Licensee LLC)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 1008 through 3.41011, 1013 and 1016 through 1020, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2provision, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Penske Automotive Group, Inc.)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any term provision, covenant or condition set forth in Sections 3.1 through 3.4Section 1004, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities of each series shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision, covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such term, provision, covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in with respect of to any such term, provision, covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Heinz H J Co)

Waiver of Certain Covenants. The Company may omit in a ---------------------------- any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.410.04 to 10.06, ifinclusive, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Debentures shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Alpha Technologies Group Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 through 3.41006 and 1007, if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount Principal Amount at Issuance of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Jakks Pacific Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 through 3.4Section 704(b) or 1006, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (KCS Energy Inc)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Section 801(4) and Sections 3.1 through 3.41004 to 1018, if, if before or after the time for such compliance, compliance the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding Securities shall, by act Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Mission Energy Holding Co)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant or condition set forth in Sections 3.1 10.4 through 3.4, 10.6 if, before or after the time for such compliance, the Holders of not less than a majority in aggregate principal amount of the Notes Securities at the time Outstanding shall, by act Act of such Holders, waive such compliance in such instance or generally waive compliance with such covenant or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect effect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Colony Financial, Inc.)

Waiver of Certain Covenants. The Company may omit in a any particular instance to comply with any covenant term, provision or condition set forth in Sections 3.1 9.5 through 3.4, 9.10 or Section 9.12 hereof if, before or after the time for such compliance, the Holders of not less than at least a majority in aggregate principal amount of the Notes at the time Outstanding shall2014 Notes, by act Act of such Holders, waive such compliance in such instance with such covenant term, provision or condition, except as provided in Section 8.2, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: First Supplemental Indenture (Xto Energy Inc)

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