Common use of Waiver of Past Default Clause in Contracts

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the Notes, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes by written notice to the Trustee may waive an existing Default and its consequences, except a Default in the payment of principal of or interest on any Note as specified in Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.14. The Issuer shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the Issuer, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the Notes, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the Notes, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 2.09 and 10.026.07, prior to the declaration of acceleration of the Notes, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note as specified in clauses (i) and (ii) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the Notes, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the Notes, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a continuing Default in the payment of principal of or premium, if any, or interest or Liquidated Damages, if any, on any Note as specified in Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 Security or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 (and (ii) except for any failure to pay any amount owing to the Holders Trustee, or waiver of three-fourths any covenant or other provision for the personal protection of the aggregate principal amount of Notes affected therebyTrustee, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.14without the Trustee's consent). The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 2.09 and 10.026.07, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(a) or clauses (a), (b), a default arising from failure to effect an Offer to Purchase required under ) and (c) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(a) or clauses (a), (b), a default arising from failure to effect an Offer to Purchase required under (c) and (d) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.029.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a continuing Default in the payment of principal of or premium, if any, or interest or Additional Interest, if any, on any Note as specified in Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 Security or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 9.02 (and (ii) except for any failure to pay any amount owing to the Holders Trustee, or waiver of three-fourths any covenant or other provision for the personal protection of the aggregate principal amount of Notes affected therebyTrustee, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.14without the Trustee's consent). The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.092.12, 6.07 and 10.029.02, prior to the declaration of acceleration acceler- ation of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequencesconse- quences, except a Default in the payment of principal of or interest or Addi- tional Interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Company shall deliver to the Trustee an OfficersOffi- cers' Certificate stating that the requisite percentage of Holders have consented con- sented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectivelyrespec- tively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly ex- pressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom there- from shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.. 65

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount at maturity of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B(S)316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B(S)316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(aclauses (a) or and (b), a default arising from failure to effect an Offer to Purchase required under ) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. Section 316(a)(1)(B) of the TIA and such ss. Section 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the Notes, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note as specified in Section 6.01(a) or clauses (b1), a default arising from failure to effect an Offer to Purchase required under (2) and (3) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the Notes, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the Notes, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.029.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(aclauses (a) or and (b), a default arising from failure to effect an Offer to Purchase required under ) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Holdings shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerHoldings, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B316(a) (l) (B) of the TIA and such ss. 316(a)(1)(B316(a) (1) (B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the Notes, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of of, premium, if any, or interest on any Note as specified in Section 6.01(aclauses (a) or and (b), a default arising from failure to effect an Offer to Purchase required under ) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' ’ Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. § 316(a)(1)(B) of the TIA and such ss. § 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the Notes, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the Notes, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. Section 316(a)(1)(B) of the TIA and such ss. Section 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount at maturity of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default and its consequences, except a Default in the payment of Accreted Value or principal of or and interest on any Note Security as specified in Section 6.01(a) or (b), (ii) a default arising from failure to effect an Offer to Purchase required under Section 4.05 or 4.14 or (iii) a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(aclauses (a) or and (b), a default arising from failure to effect an Offer to Purchase required under ) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' ’ Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. § 316(a)(1)(B) of the TIA and such ss. § 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.029.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(aclauses (a) or and (b), a default arising from failure to effect an Offer to Purchase required under ) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default and its consequences, except a Default in the payment of principal of or and interest on any Note Security as specified in Section 6.01(a) or (b), (ii) a default arising from failure to effect an Offer to Purchase required under Section 4.05 or 4.14 or (iii) a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the Notes, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of of, premium, if any, on or interest on any Note Security as specified in Section 6.01(a) or clauses (bi), a default arising from failure to effect an Offer to Purchase required under Section 4.14 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders and (iii) of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.146.01. The Issuer Company shall deliver to the Trustee an Officers' ’ Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. Section 316(a)(1)(B) of the TIA and such ss. Section 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount Principal Amount at Maturity of the then outstanding Notes Securities, on behalf of all the Holders, by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of Accreted Value or principal of or interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Issuers shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerIssuers, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. 316(a)(1)(B) of the TIA and such ss. 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.092.12, 6.07 and 10.02, prior to the declaration of acceleration accel- eration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate aggre- gate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequencesconse- quences, except a Default in the payment of principal of or interest or Addi- tional Interest on any Note Security as specified in clauses (1) and (2) of Section 6.01(a) or (b), a default arising from failure to effect an Offer to Purchase required under Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.1410.02. The Issuer Company shall deliver to the Trustee an OfficersOffi- cers' Certificate stating that the requisite percentage of Holders have consented con- sented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectivelyrespec- tively. This paragraph of this Section 6.04 shall be in lieu of ss. (S) 316(a)(1)(B) of the TIA and such ss. (S) 316(a)(1)(B) of the TIA is hereby expressly ex- pressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom there- from shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Section 6.05.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.029.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(a) or clauses (a), (b), a default arising from failure to effect an Offer to Purchase required under ) and (c) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerCompany, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. Section 316(a)(1)(B) of the TIA and such ss. Section 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Waiver of Past Default. Subject to Sections 2.09, 6.07 and 10.029.02, prior to the declaration of acceleration of the NotesSecurities, (i) the Holders of not less than a majority in aggregate principal amount of the outstanding Notes Securities by written notice to the Trustee may waive an any existing Default or Event of Default and its consequences, except a Default in the payment of principal of or interest on any Note Security as specified in Section 6.01(a) or clauses (a), (b), a default arising from failure to effect an Offer to Purchase required under (c) and (d) of Section 4.14 6.01 or a Default in respect of any term or provision of this Indenture that may not be amended or modified without the consent of each Holder affected as provided in Section 10.02 and (ii) the Holders of three-fourths of the aggregate principal amount of Notes affected thereby, on behalf of all Holders, may waive a default arising from failure to effect an Offer to Purchase required under Section 4.149.02. The Issuer Holdings shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attaching copies of such consents. In case of any such waiver, the IssuerHoldings, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the NotesSecurities, respectively. This paragraph of this Section 6.04 shall be in lieu of ss. Section 316(a)(1)(B) of the TIA and such ss. Section 316(a)(1)(B) of the TIA is hereby expressly excluded from this Indenture and the NotesSecurities, as permitted by the TIA. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this Indenture and the NotesSecurities, but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.