Common use of Waiver of Defaults and Events of Default Clause in Contracts

Waiver of Defaults and Events of Default. Subject to Section 7.07 and 10.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 11.7 and 10.0213.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price or Redemption Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of convert any fractional shares) upon conversion Securities in accordance with Article 4 7 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0213.2, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 11.4 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 11.07 and 10.0213.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Contingent Interest and Additional Interest, if any) on any SecuritySecurity when due at maturity or upon redemption, or the payment of any applicable Repurchase Price or Fundamental Change Purchase Price, or a failure by the Company to deliver Cash and, if applicable, shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 7 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0213.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 11.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 8.07 and 10.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a an uncured Default or Event of Default in the payment of the principal of, or any interest (including Additional Interestinterest, if any) , on any Security, or the payment of any applicable Redemption Price, Repurchase Price, or Fundamental Change Purchase Price, or a an uncured failure by the Company to deliver Cash or shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 5 or any uncured Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 8.7 and 10.0210.2, the Holders of a majority in aggregate principal amount Principal Amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, of or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Repurchase Price, or a failure by the Company to deliver cash and, if applicable, shares of Common Stock (and Cash in lieu upon exchange of any fractional shares) upon conversion Securities in accordance with Article 4 IV, or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0210.2, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.4 shall be in lieu of Section 316(a)(1)(B) of the TIA TIA, and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 and 10.029.02, the Holders of a majority two-thirds in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price or Convertible Offering Fundamental Change Purchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this Second Supplemental Indenture or the Securities that, under Section 10.029.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 shall be in lieu of Section 316(a)(1)(B) of the TIA Trust Indenture Act and such Section 316(a)(1)(B) is hereby expressly excluded from this Second Supplemental Indenture, as permitted by the TIATrust Indenture Act.

Waiver of Defaults and Events of Default. Subject to Section 7.07 8.08 and 10.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal amount of, or any accrued and unpaid interest (including Additional Interest, if any) on any Security, or the payment of any applicable Redemption Price, the payment of any applicable Fundamental Change Purchase Repurchase Price, or a failure by the Company to deliver cash and, if applicable, shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 5 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.02, cannot be modified or amended without the consent of the Holders Holder of each outstanding SecuritySecurity affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.05 shall be in lieu of Section 316(a)(1)(B316(a)1(B) of the TIA and such Section 316(a)(1)(B316(a)1(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 7.06 and 10.02Section 8.02 hereof, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price, Repurchase Price or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this the Indenture or the Securities that, under Section 10.028.02 hereof, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this the Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 and 10.029.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this First Supplemental Indenture or the Securities that, under Section 10.029.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 shall be in lieu of Section 316(a)(1)(B) of the TIA Trust Indenture Act and such Section 316(a)(1)(B) is hereby expressly excluded from this First Supplemental Indenture, as permitted by the TIATrust Indenture Act.

Waiver of Defaults and Events of Default. Subject to Section 7.07 8.07 and 10.02Section 11.02, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0211.02, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 and 10.02, the The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default default or Event of Default and its consequencesconsequence, except a Default default or Event of Default in the payment of the principal of, or any interest (including Additional Interestpremium, if any) , or interest on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of convert any Securities into Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default default or Event of Default in respect of any provision of this Indenture or the Securities thatwhich, under Section 10.0211.2, cannot be modified or amended without the consent of the Holders Holder of each outstanding SecuritySecurity affected. When a Default default or Event of Default is waived, it is deemed curedcured and ceases, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.4 shall be in lieu of Section 316(a)(1)(B) of the TIA Section 316(a)1(A) and such Section 316(a)(1)(B316(a) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 8.7 and 10.0210.2, the Holders of a majority in aggregate principal amount of the applicable Series of Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a an uncured Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a an uncured failure by the Company to deliver shares of Common Stock (and Cash in lieu of convert any fractional shares) upon conversion Securities in accordance with Article 4 IV or any uncured Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0210.2, cannot be modified or amended without the consent of the Holders of each outstanding SecuritySecurity of the applicable Series. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 8.4 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 11.7 and 10.0213.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal of, or any interest (including Contingent Interest, if any, and Additional Interest, if any) on any Security, or the payment of any applicable Purchase Price, Fundamental Change Purchase Price or Redemption Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of convert any fractional shares) upon conversion Securities in accordance with Article 4 7 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0213.2, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 11.4 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 10.7 and 10.0212.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal of, or any interest (including Contingent Interest and Additional Interest, if any) on any Security, or the payment of any applicable Purchase Price, Fundamental Change Purchase Price or Redemption Price, or a failure by the Company to deliver shares of convert any Securities into Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 and/or cash or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0212.2, cannot be modified or amended without the consent of the Holders Holder of each outstanding SecuritySecurity affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 10.4 shall be in lieu of Section 316(a)(1)(B316(a)1(B) of the TIA and such Section 316(a)(1)(B316(a)1(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 Sections 9.7 and 10.0211.2, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) Liquidated Damages on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this Indenture or the Securities that, under Section 10.0211.2, cannot be modified or amended without the consent of the Holders Holder of each outstanding SecuritySecurity affected. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 9.4 shall be in lieu of Section 316(a)(1)(B316(a)1(B) of the TIA and such Section 316(a)(1)(B316(a)1(B) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 and 10.02, the The Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequencesconsequence, except a Default or Event of Default in the payment of the principal of, premium, if any, or any interest (including Additional interest, Contingent Interest, if any) , or Liquidated Damages, if any, on any Security, or the payment of any applicable Fundamental Change Purchase Price, or a failure by the Company to deliver shares of convert any Securities into Common Stock (and Cash in lieu of any fractional shares) upon conversion in accordance with Article 4 or any Default default or Event of Default in respect of any provision of this Indenture or the Securities thatwhich, under Section 10.0212.2, cannot be modified or amended without the consent of the Holders Holder of each outstanding SecuritySecurity affected. When a Default default or Event of Default is waived, it is deemed curedcured and ceases, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 9.4 shall be in lieu of Section 316(a)(1)(B) of the TIA Section 316(a)1(A) and such Section 316(a)(1)(B316(a) is hereby expressly excluded from this Indenture, as permitted by the TIA.

Waiver of Defaults and Events of Default. Subject to Section 7.07 7.06 and 10.02Section 8.02 hereof, the Holders of a majority in aggregate principal amount of the Securities then outstanding by notice to the Trustee may waive an existing or future Default or Event of Default and its consequences, except a Default or Event of Default in the payment of the principal of, or any interest (including Additional Interest, if any) on any Security, or the payment of any applicable Fundamental Change Purchase Repurchase Price, or a failure by the Company to deliver shares of Common Stock (and Cash in lieu of any fractional shares) or any Early Conversion Make-Whole Amount upon conversion in accordance with Article 4 or any Default or Event of Default in respect of any provision of this the Indenture or the Securities that, under Section 10.028.02 hereof, cannot be modified or amended without the consent of the Holders of each outstanding Security. When a Default or Event of Default is waived, it is deemed cured, but no such waiver shall extend to any subsequent or other Default or impair any consequent right. This Section 7.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such Section 316(a)(1)(B) is hereby expressly excluded from this the Indenture, as permitted by the TIA.