Common use of Waiver of Existing Defaults Clause in Contracts

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of the Controlling Party, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee, upon ) the Direction Holders of a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) : (i) in the deposit or distribution of any payment required to be made on any Securities, (ii) in the payment of the interest on, principal of and Premiumor premium, if any, on with respect to any Note Security or (iiiii) in respect of a covenant or provision hereof that which under Article IX hereof cannot be modified or amended without the consent of the Noteholder Holder of each Note Security affected thereby, which (in the case of such Defaults described in clauses (i), (ii) and (iii)) may not be waived. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Senior Controlling Party or the Holders to the Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Trustee or the Direction Holders of a majority of the Controlling Party, aggregate Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) ): (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that which under Article IX hereof cannot be modified or amended without the consent of the Noteholder Holder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by Holders of the Senior Notes to the Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Controlling Party or (if the Controlling Party is the Senior Trustee, upon ) the Direction Holders of a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class by written notice to the Senior Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except no waiver may be given with respect to a Default (or Event of Default) : (i) in the deposit or distribution of any payment required to be made on any Notes, (ii) in the payment of the interest on, principal of and Premiumor premium, if any, on with respect to any Note or (iiiii) in respect of a covenant or provision hereof that which under Article IX cannot be modified or amended without the consent of the Noteholder Holder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Controlling Party or the Holders to the Senior Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer may Requisite Majority shall waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Senior Securities to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer may Requisite Majority shall waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Senior Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. Holders, either (ai) The Senior Trustee, upon through the Direction written consent (or as otherwise in accordance with the Applicable Procedures) of the Controlling Party, Holders of at least a majority in aggregate Principal Amount of the then outstanding Notes by written notice to the Issuer Trustee or (ii) by the adoption of a written resolution, at a meeting of Holders of the outstanding Notes at which a quorum is present, by the Holders of at least a majority in Principal Amount of the outstanding Notes represented at such meeting, may on behalf of the Holders of all of the Notes waive any an existing Default (or Event of Default) hereunder Default and its consequencesconsequences hereunder, except (x) a continuing Default (or Event of Default) (i) Default in the payment of the interest onPrincipal Amount of, principal of and Premiumpremium, if any, on any Note or interest on, the Notes (whether at Stated Maturity, a Redemption Date, a Fundamental Change Repurchase Date, a Five Year Repurchase Date or otherwise); (y) in respect of the failure to convert the Notes; or (iiz) in respect of a covenant or provision hereof that which under Article IX 9 cannot be modified or amended without the consent of the Noteholder each Holder of each outstanding Note affected thereby(provided, however, that the Holders of a majority in aggregate Principal Amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, ; but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction Trustee or a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Senior Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) : (i) in the deposit or distribution of any payment required to be made on any Notes, (ii) in the payment of the interest on, principal of and or Premium, if any, on any Note or (iiiii) in respect of a covenant or provision hereof that which under Article IX hereof cannot be modified or amended without the consent of the Noteholder Holder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by Holders of the Senior Notes to the Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Controlling Party or (if the Controlling Party is the Trustee, upon ) the Direction Holders of a majority of the Controlling Party, Outstanding Principal Balance of the Notes by written notice to the Trustee and the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except no waiver may be given with respect to a Default (or Event of Default) : (i) in the deposit or distribution of any payment required to be made on any Notes, (ii) in the payment of the interest on, principal of and Premiumor premium, if any, on with respect to any Note or (iiiii) in respect of a covenant or provision hereof that which under Article IX cannot be modified or amended without the consent of the Noteholder Holder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be given to each Rating Agency. (b) Any written waiver of a Default or an Event of Default given by the Senior Controlling Party or the Holders to the Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders of a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders of a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer Requisite Majority may waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Senior Equipment Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may shall waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer Requisite Majority may waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Senior Equipment Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Trustee or the Direction Noteholders of a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Senior Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by Noteholders to the Senior Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Trustee or the Direction Noteholders of a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Senior Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) ) (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that which under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by Noteholders to the Senior Trustee to the Issuer and Royalty Sub in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer may Requisite Majority shall waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Senior Securities to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected therebythereby (unless the Direction of such requisite Noteholders has been obtained). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer may Requisite Majority shall waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Senior Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of Noteholders holding a majority of the Controlling PartyOutstanding Principal Balance of the Senior Class of Notes, by written notice to the Issuer may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected therebythereby (unless the Direction of such requisite Noteholders has been obtained). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by the Senior Trustee to the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Trustee or the Direction Noteholders of a majority of the Controlling Party, Outstanding Principal Balance of the Senior Class of Notes by written notice to the Issuer Senior Trustee may waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of of, and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that which under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. (b) Any written waiver of a Default or an Event of Default given by Noteholders to the Senior Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon the Direction of the Controlling Party, by written notice Subject to the Issuer may terms and conditions of this Amendment, Agent and Lenders hereby waive any existing Default (or Event of Default) hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) in respect of a covenant or provision hereof that under Article IX cannot be modified or amended without the consent of the Noteholder of each Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed prior to have been cured for every purpose the date of this IndentureAmendment due to the failure of Borrower to comply with Section 9.18 of the Loan Agreement with respect to the Forecast in effect immediately prior to the date hereof (collectively, but the "Existing Default"); provided, that, Agent and Lenders have not waived, are not by this Amendment waiving, and have no such waiver shall extend to intention of waiving any subsequent or other Default (or and/or Event of Default) , other than the Existing Default, which may have occurred on or impair any right consequent thereonprior to the date hereof, or which may occur after the date hereof, whether the same or similar to the Existing Default. (b) Any written The foregoing waivers shall not be construed as a bar to or a waiver of a any other or further Default or an and/or Event of Default given by on any future occasion, whether similar in kind or otherwise and shall not constitute a waiver, express or implied, of any of the Senior Trustee to the Issuer in accordance with rights and remedies of Agent and Lenders arising under the terms of this Indenture shall be binding upon the Senior Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event Loan Agreement or occurrence that gave rise to the Default or Event of Default so waived and not to any other similar event Financing Agreements on any future occasion or occurrence that occurs subsequent to the date of such waiverotherwise.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer Requisite Majority may waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Master Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to each Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Noteholders of the Senior Equipment Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Master Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.

Waiver of Existing Defaults. (a) The Senior Trustee, upon Indenture Trustee acting at the Direction of the Controlling Party, by written notice to the Issuer Requisite Majority may waive any existing Default (or Event of Default) Default hereunder and its consequences, except a Default (or Event of Default) (i) in the payment of the interest on, principal of and Premium, if any, on any Note or (ii) waiver in respect of a covenant or provision hereof that under Article IX which, pursuant to Section 9.02(a), cannot be modified or amended without the consent of such Persons as are required to amend such covenant or provision in addition to the Noteholder consent of each Note affected thereby. the Requisite Majority. (b) Upon any such waiverwaiver made in accordance with Section 4.04(a), such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture, but no such waiver shall extend to any subsequent or other Default (or Event of Default) or impair any right consequent thereon. Each such notice of waiver shall also be notified to the Rating Agency. (bc) Any written waiver of a Default or an Event of Default given by Holders of the Senior Equipment Notes to the Indenture Trustee to and the Issuer in accordance with the terms of this Indenture shall be binding upon the Senior Indenture Trustee and the other parties hereto. Unless such writing expressly provides to the contrary, any waiver so granted shall extend only to the specific event or occurrence that which gave rise to the Default or Event of Default so waived and not to any other similar event or occurrence that which occurs subsequent to the date of such waiver.