Common use of Waiver of Past Defaults Clause in Contracts

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders holders of Notes of evidencing not less than a majority of the Outstanding Amount principal amount of the Notes Outstanding may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be amended, supplemented or modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may Controlling Class may, waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Holders of a majority in aggregate principal amount of the then Outstanding Notes by notice to the Trustee may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount of all the Notes may waive any past existing Default or Event of Default and its consequences under this Indenture (except (1) a continuing Default (i) or Event of Default in the payment of interest on, premium, if any, or the principal of or interest on any of the Notes such Note held by a non-consenting Holder, or (ii2) in respect of a covenant or provision hereof or in any Guarantee which under Article Nine cannot be modified or amended without the consent of the Holder of each Note. In Outstanding Note affected, which shall require the case consent of any such waiver, the Issuer, the Trustee and the all Holders of the Notes shall be restored Notes) and rescind any acceleration and its consequences with respect to their former positions and rights hereunder, respectivelythe Notes; but no provided that such waiver shall extend to rescission would not conflict with any subsequent or other Default or impair any right consequent theretojudgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Storm Recovery Bonds as provided in Section 5.02, the Holders of Notes of not less than representing a majority of the Outstanding Amount of the Notes Storm Recovery Bonds may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or premium, if any, or interest on any of the Notes Storm Recovery Bonds or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteStorm Recovery Bond of all tranches affected. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes as provided in Section 5.02, the Majority Controlling Class Noteholders may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended amended, in each case without the consent of the Holder of each Note, as applicable. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the The Majority Priority Highest Classes Notes may waive any past Default or Event of Default and its consequences consequences, except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of Noteholders holding not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Indenture Default and its consequences except a an Indenture Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Indenture Default or impair any right consequent thereto. Upon any such waiver, such Indenture Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Indenture Default arising therefrom shall be deemed to have been cured and not to have occurred, occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Indenture Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes may waive any past an existing Default or Event of Default and its consequences hereunder, except a continuing Default (i) or Event of Default in the payment of the principal of of, premium, if any, or interest or Additional Interest on, the Notes; provided, however, that after any acceleration, but before a judgment or decree based on any acceleration is obtained by the Trustee, the Holders of a majority in aggregate principal amount of the Notes then outstanding may rescind and annul such acceleration if all Events of Default, other than the nonpayment of accelerated principal, premium or (ii) interest or Additional Interest, have been cured or waived as provided in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretothis Indenture. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount all of the Notes may waive any past existing Default or Event of Default and its consequences hereunder, except a continuing Default (i) or Event of Default in the payment of principal of of, premium on, if any, or interest on any of or Additional Interest, if any, on, the Notes or (ii) including in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiverconnection with an offer to purchase); provided, the Issuerhowever, the Trustee and that the Holders of a majority in aggregate principal amount of the then outstanding Notes shall be restored to their former positions may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon. If a Default is deemed to occur solely as a consequence of the existence of another Default (the “Initial Default”), then, at the time such Initial Default is cured, the Default that resulted solely because of that Initial Default will also be cured without any further action.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount then outstanding Notes by notice to the Issuers and the Trustee may, on behalf of the Notes may Holders of all of the Notes, waive any past an existing Default or Event of Default and its consequences hereunder, except a Default (i) a continuing Default or Event of Default in the payment of the principal of of, premium, if any, or interest on any of on, the Notes (including in connection with an offer to purchase) or (ii) in with respect of a to any covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder Holders of each Note. In the case of any such waiveroutstanding Note affected; provided, the Issuerhowever, the Trustee and that the Holders of a majority in aggregate principal amount of the then outstanding Notes shall be restored to their former positions may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but provided, however, that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the IssuerIssuing Entity, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in principal amount of the Outstanding Amount outstanding Notes by written notice to the Trustee may on behalf of the Notes may all Holders waive any past existing Default or Event of Default and its consequences except hereunder, except: (1) a continuing Default (i) or Event of Default in the payment of principal of the principal, premium, if any, or interest on any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of the Notes Control Offer); and (2) a Default or (ii) in Event of Default with respect of to a covenant or provision hereof which that under Section 9.02 cannot be modified or amended without the consent of each Holder affected, provided that, subject to Section 6.02, the Holder Holders of each Notea majority in principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In the case of Upon any such waiver, the Issuersuch Default or Event of Default shall cease to exist, the Trustee and the Holders and, if applicable, any Event of the Notes Default arising therefrom shall be restored deemed to their former positions and rights hereunderhave been cured for every purpose of this Indenture, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingSubject to Section 9.02, at any time after such a declaration of acceleration, but before a judgment or decree for the payment of the money due has been obtained by the Trustee, the Holders of Notes of not less than at least a majority in aggregate principal amount of the Outstanding Amount of outstanding Notes by written notice to the Notes Company and to the Trustee may waive any all past Default or Event Defaults and rescind and annul a declaration of Default acceleration and its consequences (except a Default (i) in the payment of principal of premium, if any, or interest on any of the Notes Note as specified in clause (a) or (iib) of Section 6.01 (but not as a result of such acceleration) or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected) if (i) all existing Events of Default, other than the case of any such waiver, the Issuer, the Trustee and the Holders nonpayment of the principal amount of, premium, if any, and interest on the Notes shall be restored to their former positions that have become due solely by such declaration of acceleration, have been cured or waived and rights hereunder, respectively; but no such waiver shall extend to (ii) the rescission would not conflict with any subsequent judgment or other Default or impair any right consequent theretodecree of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may, on behalf of the Holders of Notes of not less than a majority all of the Outstanding Amount of the Notes may Notes, waive any past Default or Event of existing Default and its consequences under this Indenture (except a continuing Default (i) in the payment of interest on, premium, if any, or the principal of or interest on any of Note held by a non-consenting Holder) and rescind any acceleration with respect to the Notes or and its consequences (ii) in respect except if such rescission would conflict with any judgment of a covenant or provision hereof which cannot be modified or amended without the consent court of the Holder of each Notecompetent jurisdiction). In the case of Upon any such waiver, the Issuersuch Default shall cease to exist, the Trustee and the Holders any Event of the Notes Default arising therefrom shall be restored deemed to their former positions and rights hereunderhave been cured for every purpose of this Indenture, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such If a Default shall cease to exist and be is deemed to have been occur solely as a consequence of the existence of another Default (the “Initial Default”), then, at the time such Initial Default is cured, the Default that resulted solely because of that Initial Default will also be cured and not to have occurred, and without any Event of Default arising therefrom shall be deemed to have been cured and not to have occurred, 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 theretofurther action.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the time a judgment or decree for payment of the money due has been obtained by the Trustee as provided in this Article V, a Majority of the Controlling Class may on behalf of the Holders of all the Class A Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences consequences, except a Default Default: (ia) in payment of principal of or interest on any of the Notes or constituting a Payment Default; or (iib) in respect of a covenant or provision hereof which cannot be modified for the individual protection or amended without the consent benefit of the Holder of each NoteTrustee, without its consent. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. The Trustee shall promptly give notice of any such waiver to the Collateral Manager. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes as provided in Section 5.2 above, the Majority Noteholder may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Storm Recovery Bonds as provided in Section 5.02, the Holders of Notes of not less than representing a majority of the Outstanding Amount of the Notes Storm Recovery Bonds may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or premium, if any, or interest on any of the Notes Storm Recovery Bonds or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteStorm Recovery Bond affected. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate principal amount of the Notes then outstanding Notes, by written notice to the Trustee, may on behalf of the Holders of all of the Notes (a) waive any past existing Default or Event of Default and its consequences under this Indenture except a continuing Default (i) or Event of Default in the payment of interest on, or the principal of, any Note or a Default or an Event of or interest on Default with respect to any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and/or (b) rescind an acceleration and its consequences if the case rescission would not conflict with any judgment or decree and if all existing Events of any such waiver, the Issuer, the Trustee and the Holders Default (except nonpayment of principal or interest that has become due solely because of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount ----------------------- acceleration of the maturity of the Notes as provided in Section 5.02, the Majority Highest Priority Class Noteholders may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note, as applicable. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount outstanding Notes may, by written notice to the Trustee, on behalf of the Notes may Holders of all the Notes, waive any past Default hereunder and its consequences, except a continuing Default or Event of Default and its consequences except a Default Default: (ia) in the payment of the principal of of, premium, if any, Additional Amounts, if any, or interest on any Note held by a non-consenting Holder (which may only be waived with the consent of the each Holder of Notes or affected); or (iib) for any Note held by a non-consenting Holder, in respect of a covenant or provision hereof which under Article Nine cannot be modified or amended without the consent of the Holder holders of each Note. In the case of any Note affected by such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent modification or other Default or impair any right consequent theretoamendment. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the (a) The Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount Notes may, by notice to the Trustee, on behalf of the Notes may Holders of all the Notes, waive any past existing Default or Event of Default hereunder and its consequences except consequences, except: (1) a Default (i) or Event of Default in the payment of the principal of (or premium, if any) or interest on any Note (including any Note which is required to have been purchased pursuant to a Prepayment Offer or Change of Control Offer which has been made by the Notes Company); or (2) a Default or (ii) Event of Default in respect of a covenant or provision hereof which under Article Nine cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Outstanding Note affected. (b) Upon any such waiverwaiver described in subsection (a) of this Section 513, 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 occurredcured, for every purpose of this Indenture; but provided that no such waiver shall extend to any subsequent or other Default or Event of Default default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount outstanding Notes may, by written notice to the Trustee, on behalf of the Notes may Holders of all the Notes, rescind acceleration or waive any past or existing Default hereunder and its consequences, except a continuing Default or Event of Default and its consequences except a Default Default: (ia) in the payment of the principal of of, premium, if any, Additional Amounts, if any, or interest on any Note held by a non-consenting Holder (which may only be waived with the consent of the Notes or each Holder affected); or (iib) for any Note held by a non-consenting Holder, in respect of a covenant or provision hereof which under Article Nine cannot be modified or amended without the consent of the Holder of each Note. In the case of any Holders affected by such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent modification or other Default or impair any right consequent theretoamendment. Upon any such rescission or waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of Noteholders holding not less than a majority of the Outstanding Note Amount of the Notes may waive any past Default or Event of Default and its consequences except a an Event of Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the IssuerIssuing Entity, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Event of Default or impair any right consequent thereto. Upon any such waiver, such Event of 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, occurred 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes as provided in Section 5.02, the Majority Highest Priority Class Noteholders may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note, as applicable. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingUnless otherwise provided in the related Series Related Documents, the Holders of Notes of not less than a majority of the Outstanding Amount Noteholders of the Notes a Series may waive any past Default or Event of Default relating to such Series and its consequences except a Default relating to such Series (ia) in payment of principal of or interest on any of the Notes of the related Series or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNote of the related Series. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes of the related Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 IndentureIndenture and the related Series Supplement; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Insurer Default shall have occurred and be continuing, or the Holders of Notes of representing not less than a majority of the Outstanding Amount of the Notes Notes, acting together as a single Class, with the consent of the Insurer may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or Notes, (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note, as applicable, or (c) in respect of the breach of a representation or warranty made by the Issuer in Section 3.19 hereof. In the case of any such waiver, the Issuer, the Trustee Indenture Trustee, the Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, The Holders of a majority in aggregate principal amount of the Securities of such Series at the time Outstanding may on behalf of the Holders of Notes all the Securities of not less than a majority such Series and Holders of the Outstanding Amount of the Notes may all Coupons, if any, appertaining thereto waive any past Default default hereunder or Event of Default and its consequences consequences, except a Default (i) default in the payment of the principal of or interest on any of the Notes or (ii) in respect Securities of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Notesuch Series. In the case of any such waiver, the Issuer, Parent, the Trustee and Trustee, the Holders of the Notes Securities of such Series and the Holder of any Coupon appertaining thereto shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingUnless otherwise provided in the related Series Related Documents, the Holders of Notes of not less than a majority of the Outstanding Amount Noteholders of the Notes a Series may waive any past Default or Event of Default relating to such Series and its consequences except a Default relating to such Series (ia) in payment of principal of or interest on any of the Notes of the related Series or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNote of the related Series. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes of the related Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 IndentureIndenture and the related Series Supplement; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but provided that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.4, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee (with a copy to the Collateral Trustee) may, on behalf of the Holders of Notes of not less than a majority all of the Outstanding Amount of the Notes may Notes, waive any past existing Default or Event of Default and its consequences hereunder, except a continuing Default (i) or Event of Default in the payment of principal of of, premium on, if any, or interest on any of interest, if any, on, the Notes (including in connection with an Asset Sale Offer or (ii) in respect Change of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiverControl Offer); provided, the Issuerhowever, the Trustee and that the Holders of a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee (with a copy to the Collateral Trustee) may, on behalf of the Holders of all of the Notes, rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration, if the rescission would not conflict with any judgment or decree and if all existing Events of Default (except nonpayment of principal of, premium or interest, if any, on the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent that has become due solely because of the acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes (a) waive any past existing Default or Event of Default and its consequences under this Indenture except a continuing Default (i) or Event of Default in the payment of the principal of of, or interest on on, any Note or a Default or an Event of the Notes or (ii) in Default with respect of a to any covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and/or (b) rescind an acceleration and its consequences if the case rescission would not conflict with any judgment or decree and if all existing Events of any such waiver, the Issuer, the Trustee and the Holders Default (except nonpayment of principal or interest that has become due solely because of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the acceleration of the maturity of the Senior Notes as provided in Section 5.02, the Holders of Notes of Senior Noteholders holding not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Indenture Default and its consequences except a an Indenture Default (i) in payment of principal of or interest on any of the Senior Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteSenior Noteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Senior Noteholders shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Indenture Default or impair any right consequent thereto. Upon any such waiver, such Indenture Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Indenture Default arising therefrom shall be deemed to have been cured and not to have occurred, occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Indenture Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate principal amount of the then outstanding Notes by written notice to the Company and the Trustee may on behalf of the Holders of all of the Notes (a) waive any past existing Default or Event of Default and its consequences under this Indenture except a continuing Default (i) or Event of Default in the payment of the principal of of, or interest on on, any Note or a Default or an Event of the Notes or (ii) in Default with respect of a to any covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and/or (b) rescind an acceleration and its consequences if the case rescission would not conflict with any judgment or decree if all existing Events of any such waiver, the Issuer, the Trustee and the Holders Default (except nonpayment of principal or interest that has become due solely because of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than at least a majority in principal amount of the Outstanding Amount outstanding Notes by written notice to the Company and to the Trustee, may waive all past Defaults or Events of Default and rescind and annul a declaration of acceleration and its consequences if (x) all existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest on the Notes may waive that have become due solely by such declaration of acceleration, have been cured or waived, (y) the rescission would not conflict with any past judgment or decree of a court of competent jurisdiction and (z) all outstanding fees and expenses of the Trustee incurred in connection with such Default or Event of Default and its consequences except a Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretohave been paid. Upon any such waiver, such Default or Event of Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes of a Series as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Majority in Interest may waive any past Default or Event of Default and its consequences for such Series except a Default (ia) in payment of principal of or interest on any of the Notes of such Series or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNote of such Series. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes of such Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 Master Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingSubject to Section 9.02, the Holders of Notes of not less than a majority of the Outstanding Amount in aggregate principal amount of the Notes then Outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any past Default or Event of Default and its consequences under this Indenture (including any acceleration other than an automatic acceleration resulting from an Event of Default under clause (x) or (xi) of Section 6.01 hereof) except a continuing Default (i) or Event of Default in the payment of Interest on, or the principal of or interest on any of of, the Notes or (ii) in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected; provided, however, that in determining whether the case Holders of the required principal amount of Notes have concurred in any such waiver, Notes owned by the IssuerCompany or by any Affiliate of the Company shall be disregarded, except that for the purposes of determining whether the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunderprotected in relying on any such direction, respectively; but no only Notes which such waiver Trustee knows are so owned shall extend to any subsequent or other Default or impair any right consequent theretobe disregarded. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but provided, however, that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If Prior to the acceleration of the maturity of any Notes as provided in Section 4. 1, the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding with respect to which an Insurer Event of Default shall have occurred and be continuing, continuing may on behalf of the Holders of all such Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default default or Event of Default described in Section 4.1 and its consequences consequences, except a Default (i) in payment of principal of or interest on any of the Notes or (ii) default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNote affected. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of the all such Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Principal Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but provided that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes The Controlling Party may waive any past Default or Event of Default relating to the Notes and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee Indenture Trustee, the Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 IndentureIndenture and the Series Supplement; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred The Holders of 50% in aggregate principal amount of the Securities at the time outstanding, by notice to the Issuer and the Trustee, may on behalf of all Holders, upon providing the Trustee with reasonable indemnity with respect to any action that might be continuing, taken by the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may so consenting, provide forbearances, waive any past Default default or Event of Default hereunder and its consequences under this Indenture including acceleration, except a Default (i) default in the payment of principal of or interest on any of the Notes Securities or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without on the consent of the Holder of each Funding Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of not less than a majority of the Outstanding Amount Balance of the Notes may waive waive, in writing, any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the IssuerIssuing Entity, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes may as provided in Section 9.2, the Controlling Party may, on behalf of all Holders, waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest or prepayment premium on any of the Notes (unless such payment shall have been made in full) or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the IssuerIssuers, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 the Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. The Issuers shall give prompt written notice of any waiver to the Rating Agencies.

Waiver of Past Defaults. If (a) Prior to the declaration of the acceleration of the maturity of the VCRs as provided in Section 1.03(b), in the case of a default or an Insurer Event of Default shall have occurred and be continuingspecified in clause (B) of Section 1.03(a)(i), the Holders of Notes of not less than a majority of all the VCRs then Outstanding Amount of the Notes may waive any past Default such default or Event of Default Default, and its consequences consequences, except a Default (i) in payment of principal of or interest on any of the Notes or (ii) default in respect of a covenant or provision provisions hereof which cannot be modified or amended without the consent of the Holder of each NoteVCR affected. In the case of any such waiver, the IssuerCompany, the Trustee Rights Agent and the Holders of the Notes VCRs shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereto. thereon. (b) Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this IndentureAgreement; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, The Holders of a majority in aggregate principal amount of all Notes at the time outstanding may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount of all the Notes may waive any past Default or Event of Default hereunder and its consequences except a Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Noteconsequences. In the case of any such waiver, the Issuer, the Trustee Issuer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretothereon. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Default or Event of Default arising therefrom shall be deemed to have been cured cured, and not to have occurred, occurred for every purpose of this Indenturethe Notes; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing(a) Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate outstanding principal amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (i) in the payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. . (b) 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, (1) Holders of a majority in aggregate principal amount of the Notes then outstanding by written notice to the Trustee may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount all of the Notes may waive any past existing Default or Event of Default and its consequences under this Indenture (except a continuing Default (i) or Event of Default in the payment of interest or premium or Liquidated Damages on, or the principal of or interest on of, any of the Notes or (ii) in respect of Note held by a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretonon-consenting Holder). Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon. (2) The Trustee may, without the consent of any Holders of the Notes, waive any Event of Default that relates to untimely or incomplete reports or information if the legal rights of the Holders would not be materially adversely affected thereby and may waive any other defaults the effect of which would not materially adversely affect the rights of the Holders under this Indenture.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Investment Recovery Bonds as provided in Section 5.02, the Holders of Notes of representing not less than a majority of the Outstanding Amount of the Notes Investment Recovery Bonds may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or premium, if any, or interest on any of the Notes Investment Recovery Bonds or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Notethe Investment Recovery Bonds. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.02 or the liquidation or sale of the Collateral pursuant to Section 5.04, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Notes, voting as a single class, may waive any past Default or Event of Default and its consequences except a Default or Event of Default in (ia) in payment of principal of or interest on any of the Notes or (iib) an Event of Default in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 27 (Nissan 2015-A Indenture) have been cured and not to have occurred, 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingUnless otherwise provided in the Related Documents, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Noteholders may waive any past Default or Event of Default relating to the Notes and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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 IndentureIndenture and the Series Supplement; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the then-outstanding Notes by written notice to the Trustee may, on behalf of the Holders of Notes of not less than a majority all of the Outstanding Amount of the Notes may waive Notes, waive, rescind or cancel any past existing Default or Event of Default and its consequences hereunder if such waiver, rescission or cancellation would not conflict with any judgment or decree, except a continuing Default (i) or Event of Default in the payment of principal of of, premium on, if any, or interest interest, if any, on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiverNotes; provided, the Issuerhowever, the Trustee and that the Holders of a majority in aggregate principal amount of the then-outstanding Notes shall be restored to their former positions may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, rescission or cancellation of a Default or Event of Default, any such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, The Holders of a majority in aggregate principal amount of Outstanding Notes by notice to the Trustee may waive on behalf of the Holders of all Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (i) a Default or Event of Default in the payment of the principal of of, premium, if any, or interest on any of the Notes Note or (ii) in respect of a covenant or provision hereof which pursuant to Section 8.2 cannot be amended or modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretoOutstanding Note adversely affected. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon. The Company shall deliver to the Trustee an Officers' Certificate stating that the requisite percentage of Holders have consented to such waiver and attach copies of such consents. In case of any such waiver, the Company, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingAt any time after declaration of acceleration, but before a judgment or decree for the payment of the money due has been obtained by the Trustee, the Holders of Notes of not less than at least a majority in principal amount of the Outstanding Amount of outstanding Notes by written notice to the Notes Company and to the Trustee, may waive any all past Default or Event of Default and its consequences defaults, except a Default (i) in the payment of principal of premium, if any, or interest on any of the Notes Note as specified in clause (a) or (iib) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and rescind and annul a declaration of acceleration and its consequences if: (a) all existing Events of Default, other than the case of any such waiver, the Issuer, the Trustee and the Holders nonpayment of the principal of, premium, if any, and interest on the Notes shall be restored to their former positions and rights hereunderthat have become due solely by such declaration of acceleration, respectivelyhave been cured or waived; but no and (b) such waiver shall extend to rescission would not conflict with any subsequent judgment or other Default or impair any right consequent theretodecree of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders The holders of Notes of not less than a majority of the Outstanding Amount in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of all Holders of all of the Notes waive any past existing Default or Event of Default and its consequences under this Indenture, except a continuing Default (i) or Event of Default in the payment of the principal of or of, premium, if any, and interest on any of the Notes or (ii) in on, and Liquidated Damages, if any, with respect of a covenant or provision hereof to such Notes, which cannot may only be modified or amended without waived with the consent of the each Holder of each NoteNotes affected. In the case of Upon any such waiver, the Issuersuch Default shall cease to exist, the Trustee and the Holders any Event of the Notes Default arising therefrom shall be restored deemed to their former positions and rights hereunder, respectivelyhave been cured for every purpose of this Indenture; but provided that no such waiver shall extend to any subsequent or other Default or impair any right consequent theretothereon. Upon The Trustee may withhold from Holders of the Notes notice of 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; but no such waiver shall extend to any subsequent or other continuing Default or Event of Default (except a Default or impair any right consequent theretoEvent of Default relating to the payment of principal or interest) if it determines that withholding notice is in such Holders' interest.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of acceleration of the maturity of the Notes as provided in Section 5.1, the Holders of Notes of not less than a majority in aggregate Principal Amount at Maturity of the Outstanding Amount of the Notes may on behalf of all the Holders waive any past Default default or Event of Default and its consequences with respect to the Notes, as described in Section 5.1, except a default or an Event of Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof or of the Notes which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Guarantor, the Trustee and the Holders of all the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing(a) Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (i) in the payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their respective former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. . (b) 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount then outstanding Notes by notice to the Trustee may on behalf of the Holders of all of the Notes may waive any past Default or Event of existing Default and its consequences hereunder, except a continuing Default (i) in the payment of the principal of of, premium, if any, or interest on on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of the Notes Control Offer) or (ii) a continuing Default in respect of a covenant or provision hereof of this Indenture which canmay not be amended or modified or amended without the consent of the Holder of each Note. In the case of any such waiverall Holders; provided, the Issuersubject to Section 6.02 hereof, the Trustee and that the Holders of a majority in aggregate principal amount of the then outstanding Notes shall be restored to their former positions may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of ----------------------- representing not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences consequences, except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If The Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding with respect to which an Insurer Event of Default or a default shall have occurred and be continuing, continuing (voting as a single class) may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may all such Securities waive any past Default or Event of Default or default and its consequences consequences, except a Default (i) in payment of principal of or interest on any of the Notes or (ii) default in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteSecurity affected. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes all such Securities shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other default or Event of Default or impair any right consequent theretothereon. Upon any such waiver, such Event of Default or default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Default or default arising therefrom shall be deemed to have been cured cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount Notes may on behalf of the Holders of all the Notes may waive any past Default or Event of Default hereunder and its consequences consequences, except a Default Default (i1) in the payment of the principal of or interest on any Note (which may only be waived with the consent of the each Holder of Notes or affected), or (ii2) in respect of a covenant or provision hereof which that pursuant to the second paragraph of Section 902 cannot be modified or amended without the consent of the Holder of each Note. In the case of Outstanding Note affected; provided that if any such waiverDefault only affected one series of Notes (or less than all series of Notes) then Outstanding under this Indenture, the Issuer, the Trustee and then only the Holders of the not less than a majority in aggregate principal amount of all series of Notes (including Additional Notes of such series, if any) then Outstanding that are so affected shall be restored required to their former positions and rights hereunderwaive any such Default (including, respectively; but no such waiver shall extend to any subsequent in each case, waivers obtained in connection with a tender offer or other Default or impair any right consequent theretoexchange offer for Notes). Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon. In case of any such waiver, the Company, any other obligor upon the Notes, the Trustee and the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount outstanding Notes, by written notice to the Trustee and the Issuer, may on behalf of the Holders of all outstanding Notes may waive any past existing Default or Event of Default with respect to the Notes under this Indenture and its consequences consequences, except a continuing Default or Event of Default (ia) in the payment of the principal of of, premium, if any, or interest on any Note (other than a default in payment that has become due solely because of an acceleration that has been rescinded), which may only be waived with the consent of each Holder of Notes affected or (iib) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each Note. In the case of any Note affected by such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent modification or other Default or impair any right consequent theretoamendment. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the Notes then outstanding (including Additional Notes, if any) by notice to the Trustee may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount all of the Notes may waive any past or existing Default or Event of Default and its consequences under this Indenture except (1) a continuing Default (i) or Event of Default in the payment of the principal of (or premium, if any) or interest on any Notes (other than as a result of an acceleration), including any Note which is required to have been purchased pursuant to an Offer to Purchase which has been made by the Notes Issuer, or (ii2) in respect of a covenant or provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, each of which, for the case avoidance of any such waiverdoubt, shall require the Issuer, the Trustee and consent of all the Holders of the Notes shall be restored outstanding. For the avoidance of doubt, subject to their former positions SECTION 6.2, the Holders of a majority in principal amount of the then outstanding Notes may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in principal amount of the Outstanding Amount outstanding Notes may (including by consents obtained in connection with a tender offer or exchange offer for the Notes), on behalf of the Notes may Holders of all the Notes, by written notice to the Trustee and the Issuer, waive any past Default or Event of Default hereunder with respect to the Notes and its consequences consequences, except a Default (i) in the payment of the principal of or interest interest, if any, on any Notes and any Default, the modification of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without requires the consent of the Holder Holders of each Noteall of the outstanding Notes (provided, however, that the Holders of a majority in principal amount of the outstanding Notes may rescind an acceleration of the Notes and its consequences, including any related payment default that resulted from such acceleration), provided such waiver would not conflict with any judgment or decree of a court of competent jurisdiction. In the case of Upon any such waiver, the Issuersuch Default shall cease to exist, the Trustee and the Holders any Event of the Notes Default arising therefrom shall be restored deemed to their former positions and rights hereunderhave been cured, respectively; but for every purpose of this Indenture; but, to the extent permitted by applicable law, no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of acceleration of the Maturity of the Notes of any series as provided in Section 6.01, the Holders of Notes of not less than a majority in aggregate principal amount of the Outstanding Amount all of the Notes of each applicable series then Outstanding affected thereby (treated as a single class), by written notice to the Trustee, may on behalf of the Holders of all such Notes waive any past Default default or Event of Default described in Section 6.01 and its consequences consequences, except a Default (i) in payment of principal of or interest on any of the Notes or (ii) default in respect of a covenant or provision hereof of this Indenture or of such series of Notes (or with respect to all of the Notes, as the case may be) which cannot be modified or amended without the consent of the Holder of each NoteNote of such series affected. In the case of any such waiver, the IssuerCompany, the Trustee and the Holders of the all such Notes shall be restored to their former positions and rights hereunder, respectively; but no , and such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such Default 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, occurred for every purpose purposes of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default default or impair any right consequent theretothereon. For the avoidance of doubt, with respect to any series of Notes, the waiver of Holders of Notes of such series permitted by this Section 6.10, if the Company so determines, may also be obtained from the Holders of a majority in principal amount of the Notes of that series.

Waiver of Past Defaults. If an Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Insurer (if no Insurer Default shall have occurred and be continuing, ) or the Holders of Notes of evidencing not less than a majority 51% of the Outstanding Amount Note Balance, with the consent of the Notes may Insurer (if no Insurer Default shall have occurred and be continuing), may, on behalf of all Noteholders, waive any past Default or Event of Default and its consequences except a Default or Event of Default (i) in the payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be amended, supplemented or modified or amended without the consent of all the Holder of each NoteHolders. In the case of Upon any such waiver, the Issuer, the Trustee Indenture Trustee, the Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. Upon any such waiver, such Default or Event of 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; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the maturity of the Notes as provided in SECTION 4.1 hereof, the Holders of Notes of not less than a majority of the Outstanding Amount in aggregate principal amount of the Notes at the time Outstanding may on behalf of the Holders of all the Notes waive any past Default or Event of Default hereunder and its consequences consequences, except a Default (ia) in the payment of principal of of, premium, if any, or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteNote affected. In the case of any such waiver, the IssuerCompany, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate principal amount of the then outstanding Notes by written notice to the Trustee may on behalf of the Holders of all of the Notes may (a) waive any past existing Default or Event of Default and its consequences under this Indenture except a continuing Default (i) or Event of Default in the payment of the principal of of, or interest on on, any Note or a Default or an Event of the Notes or (ii) in Default with respect of a to any covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and/or (b) rescind an acceleration and its consequences if the case rescission would not conflict with any judgment or decree and if all existing Events of any such waiver, the Issuer, the Trustee and the Holders Default (except nonpayment of principal or interest that has become due solely because of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount aggregate principal amount of the then outstanding Notes, by written notice to the Trustee, may on behalf of the Holders of all of the Notes may (a) waive any past existing Default or Event of Default and its consequences under this Indenture except a continuing Default (i) or Event of Default in the payment of interest on, or the principal of, any Note or a Default or an Event of or interest on Default with respect to any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected, and/or (b) rescind an acceleration and its consequences if the case rescission would not conflict with any judgment or decree and if all existing Events of any such waiver, the Issuer, the Trustee and the Holders Default (except nonpayment of principal or interest that has become due solely because of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent acceleration) have been cured or other Default or impair any right consequent theretowaived. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes as provided in Section 5.2, the Majority Noteholders may waive any past Default or Event of Default and its consequences except a Default or Event of Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of all of the Holder of each NoteNoteholders. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. Upon any such waiver, such Default or Event of 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an The Securities Insurer may, or at any time when a Securities Insurer Default shall have has occurred and be is continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Majority Noteholders may waive any past Default or Event of Default and its consequences consequences, except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Securities Insurer or the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee Indenture Trustee, the Securities Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Note as provided in SECTION 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Noteholder may waive any past Default or Event of Default and its consequences except a Default or Event of Default (i) in payment of principal of or interest on any of the Notes Note or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes Noteholder shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. Upon any such waiver, such Default or Event of 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing(a) Prior to the declaration of the acceleration of the maturity of the Notes as provided in SECTION 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (i) in the payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each such Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. . (b) 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the acceleration of the maturity of the Notes as provided in Section 5.02, the Holders of Notes of Noteholders holding not less than a majority of the Outstanding Amount of the Notes Controlling Class may waive any past Default or Event of Indenture Default and its consequences except a an Indenture Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Indenture Default or impair any right consequent thereto. Upon any such waiver, such Indenture Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Indenture Default arising therefrom shall be deemed to have been cured and not to have occurred, occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Indenture Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of Noteholders holding not less than a majority of the Outstanding Note Amount of the Notes may waive any past Default or Event of Indenture Default and its consequences except a an Indenture Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Indenture Default or impair any right consequent thereto. Upon any such waiver, such Indenture Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Event of Indenture Default arising therefrom shall be deemed to have been cured and not to have occurred, occurred for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Indenture Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingSubject to Section 8.02, the Holders of Notes of not less than a majority of the Outstanding Amount in aggregate principal amount of the Notes then Outstanding by notice to the Trustee may on behalf of the Holders of all of the Notes waive any past existing Default or Event of Default and its consequences under this Indenture (including any acceleration other than an automatic acceleration resulting from an Event of Default under clause (v) or (vi) of Section 6.01 hereof) except a continuing Default (i) or Event of Default in the payment of Interest on, or the principal of or interest on any of of, the Notes or (ii) in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each Note. In outstanding Note affected; provided, however, that in determining whether the case Holders of the required principal amount of Notes have concurred in any such waiver, Notes owned by the IssuerCompany, or by any Affiliate of the Company, shall be disregarded, except that for the purposes of determining whether the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunderprotected in relying on any such direction, respectively; but no only Notes which such waiver Trustee knows are so owned shall extend to any subsequent or other Default or impair any right consequent theretobe disregarded. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but provided, however, that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Holders of a majority in aggregate principal amount of the then outstanding Notes by notice to the Trustee may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount all of the Notes may waive any past existing Default or Event of Default and its consequences hereunder (including rescinding any related acceleration of the payment of the Notes), except a continuing Default or Event of Default (iand any related acceleration of the payment of the Notes) in the payment of the principal of of, premium or interest on any on, the Notes. The Company shall deliver to the Trustee an Officers’ Certificate stating that the requisite percentage of the Notes or (ii) in respect Holders have consented to such waiver and attaching copies of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Notesuch consents. In the case of any such waiver, the IssuerCompany, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunderhereunder and under the Notes, respectively; but no . This Section 6.04 shall be in lieu of Section 316(a)(1)(B) of the TIA and such waiver shall extend to any subsequent or other Default or impair any right consequent theretoSection 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 occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of maturity of the Notes as provided in Section 4(a), the Holders of Notes of not less than a majority of the Outstanding Amount in aggregate principal amount of the Notes at the time outstanding, may on behalf of the Holders of all the Notes waive any past Default default or Event of Default hereunder and its consequences consequences, except a Default default (iA) in the payment of principal of or interest on any of the Notes or (iiB) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNote affected. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent theretothereon. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this IndentureNote; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the Securities of any series at the time Outstanding, by notice to the Trustee, may on behalf of the Holders of Notes all the Securities of not less than a majority of the Outstanding Amount of the Notes may such series waive any past Default or Event existing default in the performance of Default and its consequences except a Default (i) in payment of principal of or interest on any of the Notes covenants contained herein or (ii) established pursuant to Section 2.03 with respect to such series and its consequences, except an uncured default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of, or interest on, any of each Notethe Securities of that series as and when the same shall become due by the terms of such Securities; and may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in principal amount of the Outstanding Amount Notes may on behalf of the Holders of all of the Notes may waive any past Default or Event of Default hereunder and its consequences consequences, except a Default (iA) in the uncured payment of the principal of or interest or Liquidated Damages on any Note or the uncured failure to deliver shares of Common Stock (or, if the Notes Company has obtained Stockholder Approval to make the Net Share Settlement Election and the Company has irrevocably made the Net Share Settlement Election, cash and shares, if any, of Common Stock) due upon conversion of any Note, or (iiB) in respect of a covenant or provision hereof which under Article 8 cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and Outstanding Note affected (which nonetheless may be waived by the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretoaffected thereby). Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred Subject to Sections 6.02, 6.07 and be continuing9.02, the Holders of Notes of not less than a majority in principal amount of the Outstanding Amount outstanding 2010 Notes or the 2008 Notes, as the case may be, voting as a separate class with respect to such Notes, by notice to the Company and the Trustee, may on behalf of the Notes may Holders of all of such Notes, (a) waive any past an existing Default or Event of Default and its consequences consequences, except a Default (i) in the payment of principal of of, premium, if any, or interest on any of such Notes, as the Notes case may be, as specified in clause (a) or (iib) of Section 6.01 or in respect of a covenant or provision hereof of this Indenture which cannot be modified or amended without the consent of the Holder of each outstanding 2010 Note or 2008 Note. In , as the case of may be, affected and (b) rescind any such waiveracceleration with respect to the 2010 Notes or 2008 Notes, as the Issuercase may be, the Trustee and the Holders its consequences if rescission would not conflict with any judgment or decree of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretoa court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcured, 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingSubject to Section 5.3(b), the Holders of Notes Noteholders of not less than a majority of the Outstanding Amount Principal Balance of the Notes of the affected Series (or with respect to any Series with two or more Classes, each Class) may waive any past Default or Event of Default and its consequences except a Default Default: (ia) in payment of principal of or interest on any of the Notes of such Series or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder each Noteholder of each Notesuch Series. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders Noteholders of the Notes affected Series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. 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 with respect to such Series shall be deemed to have been cured and not to have occurred, 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 thereto.

Waiver of Past Defaults. If an Prior to the declaration of the acceleration of the maturity of the Notes as provided in SECTION 5.2, the Insurer (if no Insurer Default shall have occurred and be continuing, ) or the Holders of Notes of Noteholders evidencing not less than a majority 51% of the Outstanding Amount Class A Note Balance, with the consent of the Notes Insurer (if no Insurer Default shall have occurred and be continuing), may waive any past Default or Event of Default and its consequences except a Default or Event of Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be amended, supplemented or modified or amended without the consent of all the Holder of each NoteHolders. In the case of Upon any such waiver, the Issuer, the Trustee Indenture Trustee, the Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. Upon any such waiver, such Default or Event of 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; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the time a judgment or decree for payment of money due has been obtained as described in Section 5.02, the Holders of Notes Noteholders of not less than a majority of the Outstanding Amount outstanding principal amount of the Notes comprising the Controlling Class may waive any past Default or Event of Default and its consequences except a an Event of Default (ia) in payment when due of principal of or interest (including, subject to the limitations of Sections 1.13(a)(iv) and 8.03(b), any Noteholders' Interest Basis Carryover) on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNoteholder; provided, however, that all Class A Noteholders and Class B Noteholders may waive events described in clauses (a) and (b) hereof. In the case of any such waiver, the Issuer, the Trustee Indenture Trustee, and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Event of Default or impair any right consequent thereto. Upon any such waiver, such Event of 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, occurred for every purpose of this Indenture; Indenture to the extent specified in such waiver but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingcontinuing prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the Securities of such series at the time Outstanding, by notice to the Trustee, may on behalf of the Holders of Notes all the Securities of not less than a majority of the Outstanding Amount of the Notes may such series waive any past Default or Event existing default in the performance of Default and its consequences except a Default (i) in payment of principal of or interest on any of the Notes covenants contained herein or (ii) established pursuant to Section 2.03 with respect to such series and its consequences, except an uncured default in respect of a covenant or provision hereof which cannot be modified or amended without the consent payment of the Holder principal of, or interest on, any of each Notethe Securities of that series as and when the same shall become due by the terms of such Securities; and may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such Default 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 cured, and not to have occurred, occurred for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If The Note Insurer or, if an Insurer Default shall have has occurred and be is continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes Note Majority may waive any past Default or Event of Default and its consequences except a Default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee Trustee, the Note Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto. The Indenture Trustee shall promptly provide written notice to the Rating Agency of any such waiver.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes The Holder may waive any past ----------------------- Default or Event of Default hereunder and its consequences except a Default (i) in payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Noteconsequences. In the case of any such waiver, the Issuer, the Trustee Issuers and the Holders of the Notes Holder shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon. Upon any such waiver, such Default or Event of Default shall cease to exist and be deemed to have been cured and not to have occurred, and any Default or Event of Default arising therefrom shall be deemed to have been cured cured, and not to have occurred, occurred for every purpose of this IndentureNote; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingThe Holders of a majority in aggregate principal amount of the then-outstanding Notes by written notice to the Trustee may, on behalf of the Holders of Notes of not less than a majority all of the Outstanding Amount of the Notes may waive Notes, waive, rescind or cancel any past existing Default or Event of Default and its consequences hereunder if such waiver, rescission or cancellation would not conflict with any judgment or decree, except a continuing Default (i) or Event of Default in the payment of principal of of, premium, if any, or interest interest, if any, on any of the Notes or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiverNotes; provided, the Issuerhowever, the Trustee and that the Holders of a majority in aggregate principal amount of the then-outstanding Notes shall be restored to their former positions may rescind an acceleration and rights hereunderits consequences, respectively; but no including any related payment default that resulted from such waiver shall extend to any subsequent or other Default or impair any right consequent theretoacceleration. Upon any such waiver, rescission or cancellation of a Default or Event of Default, any such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, Prior to the Holders of Notes of not less than a majority declaration of the Outstanding Amount acceleration of the maturity of the Notes as provided in Section 5.2, the Majority Noteholders may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Note Insurer or the Holder of each Note, as applicable. In the case of any such waiver, the Issuer, the Trustee Indenture Trustee, the Note Insurer and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred The Deal Agent and be continuing, the Holders of Notes of not less than a majority of the Outstanding Amount of the Notes may waive any past Default Unmatured Termination Event or Termination Event of Default and its consequences except a Default default (ia) in payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the IssuerDebtor, the Trustee Collateral Agent and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default Unmatured Termination Event or impair any right consequent thereto. Upon any such waiver, such Default Unmatured Termination Event shall cease to exist and be deemed to have been cured and not to have occurred, and any Termination Event of Default arising therefrom shall be deemed to have been cured and not to have occurred, for every purpose of this IndentureAgreement; but no such waiver shall extend to any subsequent or other Default or Termination Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Prior to the declaration of the acceleration of the maturity of the Class A Notes as provided in Section 5.2 above, the Insurer (so long as no Insurer Default shall have occurred and be continuing, exists) or the Holders of Class A Notes of representing not less than a majority of the Outstanding Amount of the Notes Class A Notes, with the consent of the Insurer (so long as no Insurer Default exists), may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Class A Notes or (iior(b) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each Class A Note. In the case of any such waiver, the Issuer, the Insurer, the Indenture Trustee and the Holders of the Class A Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing(a) Prior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of not less ----------- than a majority in principal amount of the Outstanding Amount outstanding Notes of the Notes Controlling Class may waive any past Default or Event of Default and its consequences except a Default (i) in the payment of principal of or interest on any of the Notes or (ii) in respect of a covenant or provision hereof which that cannot be modified or amended without the consent of the Holder of each such Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. . (b) 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, the The Holders of Notes of not less than a majority in principal amount of the Outstanding Amount Securities may on behalf of the Notes may Holders of all the Securities waive any past Default or Event of Default hereunder with respect to such Securities and its consequences consequences, except a Default or Event of Default: (ia) in the payment of the principal of (or premium, if any) or interest on any Security, (b) in respect of the Notes conversion by the Company of any Security into Common Stock, (c) in the payment of the Redemption Prices or Make-Whole Payment pursuant to Article 10, (iid) in the payment of the Repurchase Price pursuant to Article 11, or (e) in respect of a covenant or provision hereof which that under Article 8 cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretoOutstanding Security affected. Upon any such waiver, such Default or Event of Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom from any Default shall be deemed to have been cured and not to have occurredcured, 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 theretothereon.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the declaration of the acceleration of the maturity of the Notes as provided in Section 5.2, the Holders of Notes of representing not less than a majority of the Outstanding Amount principal amount of the Notes Outstanding may waive any past Default or Event of Default and its consequences except a Default (ia) in the payment of principal of or interest on any of the Notes or (iib) in respect of a covenant or provision hereof which that cannot be amended, supplemented or modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, (1) Holders of a majority in aggregate principal amount of the Notes then outstanding by notice to the Trustee may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount all of the Notes may waive any past existing Default or Event of Default and its consequences under this Indenture, regardless of whether such Holders have actual knowledge of such Default or Event of Default, (except a continuing Default (i) or Event of Default in the payment of interest or premium on, or the principal of or interest on of, any of the Notes or (ii) in respect of Note held by a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretonon-consenting Holder). Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, 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; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon. (2) The Trustee may, without the consent of any Holders of the Notes, waive any Event of Default that relates to untimely or incomplete reports or information if the legal rights of the Holders would not be materially adversely affected thereby and may waive any other defaults the effect of which would not materially adversely affect the rights of the Holders under this Indenture.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuingPrior to the time a judgment or decree for payment of money due has been obtained as described in Section 5.2, the Holders of Notes Noteholders of not less than a majority of the Outstanding Amount of the Notes may of a Series may, after obtaining the written consent of the Surety Provider, waive any past Default or Event of Default hereunder and its consequences except a Default (ia) in payment when due of principal of or interest on any of the Outstanding Notes or (iib) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each NoteNoteholder. In the case of any such waiver, the Issuer, the Indenture Trustee and the Holders of the Notes Noteholders shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereto. Upon any such waiver, such Default shall cease but 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, occurred 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 thereto.

Waiver of Past Defaults. If an Insurer Default shall have occurred and be continuing, The Required Holders may on behalf of the Holders of Notes of not less than a majority of the Outstanding Amount of all the Notes may waive any past existing Default or Event of Default hereunder and its consequences consequences, except a Default or Event of Default: (ia) in the payment of the principal of (or premium, if any) or interest (other than a waiver of any increase in the interest rate on the Notes upon the occurrence of an Event of Default pursuant to Section 12.2) on any of Note, including any Note which is required to have been purchased pursuant to an offer to purchase that the Notes or Company is required to make hereunder, or (iib) in respect of a covenant or provision hereof which under Section 16.4 cannot be modified or amended without the consent of the Holder of each Note. In the case of any such waiver, the Issuer, the Trustee and the Holders of the Notes shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or impair any right consequent theretoOutstanding Note affected. Upon any such waiver, such Default shall cease to exist and be deemed to have been cured and not to have occurredexist, and any Event of Default arising therefrom shall be deemed to have been cured and not to have occurredcease, for every purpose of this IndentureAgreement; but provided, however, that no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent theretothereon.