Common use of Waiver of Past Defaults Clause in Contracts

Waiver of Past Defaults. Holders of not less than a majority in 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, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenture, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on the Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Securities of any Series by written notice to the Trustee may, may on behalf of the Holders of all the Securities of the Notes, rescind an acceleration or such Series waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, and interest on the NotesSecurities of such Series (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, of or premium or interest and premium, if any, on the NotesNotes (provided that the Holders of at least a majority in aggregate principal amount of the Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration), and (ii) a default with respect to a provision that under Section 9.02 hereof cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes) by written notice to the Trustee may, on behalf of the Holders of all of the Notes, rescind an acceleration or may waive an existing Default or Event of Default and its consequences under this Indenture, except (i) a continuing Default or Event of Default in the payment of the principal ofof or interest on a Note or (ii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Noteholder adversely affected. When a Default is waived, interest and premiumit is deemed cured, if any, on the Notes. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereonright. Prior If a Default is deemed to taking any action hereunderoccur solely as a consequence of the existence of another Default (the “Initial Default”), then, at the time such Initial Default is cured (including the payment of default interest, if any), the Trustee shall Default that resulted solely because that Initial Default will also be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such cured without any further action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes may, by written notice to the Trustee may, and on behalf of the Holders of all of the Notes, waive, rescind an acceleration or waive cancel any declaration of an existing or past Default or Event of Default and its consequences under this IndentureIndenture if such waiver, rescission or cancellation would not conflict with any judgment or decree of a court of competent jurisdiction, except a continuing Default or Event of Default in the payment of interest on, or the principal of, the Notes (other than such nonpayment of principal or interest and premium, if any, on the Notesthat has become due as a result of such acceleration). Upon any such waiver, rescission or cancellation, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Outstanding Securities of any series by written notice to the Trustee may, may waive on behalf of the Holders of all Securities of the Notes, rescind an acceleration or waive an existing such series and any interest coupons appertaining thereto a past Default or Event of Default with respect to that series and its consequences under this Indenture, except a continuing Default or Event of Default (i) in the payment of the principal of, interest and premium, if any, or interest on any Security of such series or any interest coupon appertaining thereto or (ii) in respect of an agreement or provision hereof which pursuant to Article 8 cannot be amended or modified without the Notesconsent of the Holder of each Outstanding Security of such series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; Indenture but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium on, or interest and premium, if any, on the NotesNotes (including in connection with an offer to purchase); provided, however, that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes The Majority Noteholders by written notice to the Trustee may, on behalf of the Holders of all of the Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default except: (1) an uncured default in the payment of principal or interest on any Note, or (2) a default in respect of a covenant or provision hereof which under Article VIII cannot be modified or amended without the principal ofconsent of the Holder of each Outstanding Note affected thereby; provided, interest however, that after any acceleration, but before a judgment or decree based on acceleration is obtained by the Trustee, the Majority Noteholders may rescind and premiumannul such acceleration if all Events of Default, if anyother than the nonpayment of accelerated principal, on the Notespremium or interest, have been cured or waived as provided in this Indenture. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes of any Series then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes of such Series waive an any existing Default or Event of Default and its consequences under this Indenture, Indenture except a continuing Default or Event of Default in the payment of interest on, or the principal of, interest such Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of any Series may rescind an acceleration of such Notes and premiumits consequences, if any, on the Notesincluding any related payment default that resulted from such acceleration. Upon any such waiver, such Default or Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Outstanding Securities of any series by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Securities of that series waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumAdditional Amounts, if any, on or interest on, the NotesSecurities of that series (excluding in connection with an offer to purchase) or in respect of a covenant or provision of this Indenture which under Article 9 may not be modified or amended without the consent of the Holder of each Outstanding Security of the affected series; provided, however, that the Holders of a majority in aggregate principal amount of the then Outstanding Securities of that series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration as provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on Additional Interest, 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 Control Offer); provided, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Securities of a series by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Securities of such series waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesSecurities of that series (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Securities of a series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Outstanding Securities of any series by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Securities of that series waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumAdditional Amounts, if any, on or interest on, the NotesSecurities of that series (excluding in connection with an offer to purchase) or in respect of a covenant or provision of this Indenture which under Article 9 may not be modified or amended without the consent of the Holder of each Outstanding Security of the affected series; provided, however, that the Holders of a majority in aggregate principal amount of the then Outstanding Securities of that series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration as provided in Section 6.02. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Securities of any Series may on behalf of the Holders of all the Securities of the Notes, rescind an acceleration or such Series waive an existing any past Default or Event of Default hereunder with respect to such Series and its consequences under this Indentureconsequences, except a continuing Default or Event of Default (i) in the payment of the principal of, interest and of (or premium, if any) or interest on any Security of such Series (provided, on however, that the NotesHolders of a majority in principal amount of the outstanding Securities of any Series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the consent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all lossesLosses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of all series affected (voting as a single class) by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes of such series waive an existing Default or Event of Default with respect to such series and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium and interest and premium, if any, on the NotesNotes of such series (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes of such series may rescind an acceleration with respect to such series and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default in respect of the relevant series of Notes shall cease to exist, and any Event of Default in respect of such series arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on the behalf of the all Holders of all of the Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenture, except (a) a continuing Default or Event of Default in the payment of the principal ofof or interest on a Note, interest and premium, if any, on the Notes. Upon any such waiver, such (b) a continuing Default shall cease to exist, and any or Event of Default arising therefrom shall be deemed from the failure to have been cured for every purpose redeem or purchase any Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured and the Company, the Trustee and the Holders will be restored to their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such actionright.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of all series affected (voting as a single class) by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes of such series waive an existing Default or Event of Default with respect to such series and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium and interest and premium, if any, on the NotesNotes of such series (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes of such series may rescind an acceleration with respect to such series and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default in respect of the relevant series of Notes shall cease to exist, and any Event of Default in respect of such series arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium and Additional Interest on, or interest and premium, if any, on the NotesNotes (including in connection with an offer to purchase); provided, however, that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Notes by written notice to the Trustee may, on behalf of the Holders of all of the NotesNotes by written notice to the Trustee, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenture, except (i) a continuing Default or Event of Default in the payment of the principal amount of, interest and premium, if any, and accrued and unpaid interest on the Notes, (ii) a Default arising from the failure to redeem or purchase any Note when required pursuant to the terms of this Indenture or (iii) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected; provided, however, that the Holders of a majority in principal amount of the Outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration in accordance with Section 6.02. Upon any such waiverWhen a Default is waived, such Default it shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; cured, but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such actionright.

Waiver of Past Defaults. Prior to the acceleration of the maturity of the Notes as provided in Section 6.02, the Holders of not less than a majority in aggregate principal amount of the Notes affected thereby then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenture, Indenture with respect to the Notes except (i) a continuing Default or Event of Default in the payment of premium or interest on, or the principal of, interest and premium, if any, on the NotesNotes (including in connection with an offer to purchase) or (ii) a Default or Event of Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected thereby. Upon any such waiver, such Default or Event of Default shall cease to existexist with respect to the Notes, and any Event of Default with respect to the Notes arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase) or (ii) with respect to any covenant or provision of this Indenture which cannot be modified or amended without the consent of the Holders of each outstanding Note affected, (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes Outstanding Securities of any series by written notice to the Trustee may, on behalf of the Holders of all of the Notes, rescind an acceleration or may waive an existing Default or Event of Default with respect to the Securities of such series and its consequences under this Indentureconsequences, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, or interest on any Security of such series held by a nonconsenting Holder (other than a rescission of acceleration of the NotesSecurities of such series by the Holders of at least a majority in aggregate principal amount of the Securities of such series and a waiver of the payment default resulting from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default with respect to the Securities of such series arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase) or (ii) a Default or Event of Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 6.07 hereof, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on interest or Liquidated Damages, if any, on, any Note held by a non-consenting Holder; provided, however, that the NotesHolders of at least a majority in aggregate principal amount of the Notes then outstanding may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. (a) The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Disposition Offer or a Change of Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected, provided that, subject to Section 6.02, the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Outstanding Securities may on behalf of the Holders of all of the Notes, rescind an acceleration or outstanding Securities waive an existing any past Default or Event of Default hereunder and its consequences under this Indentureconsequences, except a continuing Default or Event of Default Default (a) in the payment of the principal of, interest and premium, if any, or interest on any Security (which may only be waived with the Notesconsent of each Holder of the Securities affected); or (b) in respect of a covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the Holders of at least 75% in aggregate principal amount of the Outstanding Securities or the Holder of each Security Outstanding affected by such modification or amendment. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of at least a majority in aggregate principal amount of the Notes by notice to the Trustee may on behalf of the Holders of all of the Notes waive any existing Default and its consequences hereunder, except a continuing Default in the payment of the principal, premium, if any, or interest on, any Note held by a non-consenting Holder and rescind any acceleration with respect to the Notes and its consequences (provided such rescission would not less than conflict with any judgment of a court of competent jurisdiction); provided, subject to Section 6.02 hereof, that the 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 all of the Notes, may rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indentureconsequences, except a continuing Default or Event of Default in the including any related payment of the principal of, interest and premium, if any, on the Notesdefault that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, (with a copy to the Company; provided that any waiver or rescission under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Company) may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on the Notesor interest on, any Note held by a non-consenting Holder and rescind any acceleration and its consequences; provided that such rescission would not conflict with any judgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected, provided, subject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest and premiumon, the Notes including in connection with an offer to purchase (other than the non-payment of principal of or interest, if any, on the Notes that became due solely because of the acceleration of the Notes) (provided that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related Payment Default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes (which may include consents obtained in connection with a tender offer or exchange offer of Notes) by written notice to the Trustee may, on behalf of the Holders of all of the Notes, may rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indentureconsequences, except a continuing Default or Event of Default in the payment of the principal of, or interest or premium on, any Note as specified in Section 6.01(1) or (2). In case of any such rescission or waiver, the Issuer, the Trustee and premium, if any, on the Holders shall be restored to their former positions and rights hereunder and under the Notes, respectively. Upon any such rescission or waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such rescission or waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such actionthereto.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes may waive, by written notice to the Trustee maytheir consent (including, on behalf of the Holders of all of without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), rescind an acceleration or waive an existing any Default or Event of Default and its consequences under this Indenture, except a continuing Default or Event of Default default in the payment of the principal ofprincipal, interest and premium, if any, or interest (including, without limitation, Additional Interest, if any) on the Notesany Notes held by any non-consenting Holder (excluding a default in payment resulting from an acceleration that has been or is being waived or rescinded or that has been cured). Upon any such waiver, such Default or Event of Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder (including rescinding any acceleration of the payment of the Notes), except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumAdditional Interest, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 8.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase) or a failure by the Company to convert any Notes into Shares of Common Stock in accordance with the provisions of the Notes and Article 4 of this Indenture, or a failure to comply with any of the provisions of this Indenture that would require the consent of the Holder of each outstanding Note affected to waive such failure (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment Default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing any past Default or Event of Default hereunder with respect to the Notes and its consequences under this Indentureconsequences, except a continuing Default or Event of Default in the payment of the principal ofof or interest on any Notes or a Default with respect to a covenant or provision of the Indenture which under Article XII hereof cannot be modified or amended without the consent of the Holder of each outstanding Note affected (provided, interest however, that the Holders of a majority in principal amount of the outstanding Notes may rescind an acceleration and premiumits consequences, if any, on including any related payment default that resulted from such acceleration as set forth in Section 6.2 of the NotesBase Indenture). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Sections 6.02, 6.07 and 9.02, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumpremium (including the Applicable Premium), if any, on or interest on, the NotesNotes (including in connection with a redemption or an offer to purchase right of Holders pursuant to Article 3); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related Payment Default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. (a) Subject to Section 6.07 and Section 9.02 hereof, the Holders of a majority in principal amount of the outstanding Notes under this Indenture may waive all past or existing Defaults or Events of Default (except with respect to nonpayment of principal, premium, interest or Additional Amounts, if any, on any Note held by a non-consenting Holder, which may only be waived with the consent of Holders of not less than a majority in 90% of the aggregate principal amount of the then outstanding Notes) and rescind any such acceleration with respect to such Notes by written notice to the Trustee may, on behalf of the Holders of all of the Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenture, except a continuing Default or Event of Default in (including the payment default that resulted from such acceleration) if rescission would not conflict with any judgment or decree of the principal of, interest and premium, if any, on the Notes. a court of competent jurisdiction. (b) Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Provided the Notes are not then due and payable by reason of a declaration of acceleration, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on the behalf of the all Holders of all of the Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenture, except (a) a continuing Default or Event of Default in the payment of the principal ofof or interest on a Note, interest and premium, if any, on the Notes. Upon any such waiver, such (b) a continuing Default shall cease to exist, and any or Event of Default arising therefrom shall be deemed from the failure to have been cured for every purpose redeem or purchase any Note when required pursuant to the terms of this Indenture or (c) a Default in respect of a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. When a Default is waived, it is deemed cured and Parent, the Trustee and the Holders will be restored to their former positions and rights under this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such actionright.

Waiver of Past Defaults. (a) Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Outstanding Securities may on behalf of the Holders of all of the Notes, rescind an acceleration or Securities waive an existing any past Default or Event that results from a breach by the Company of Default and its consequences under this Indenture, except a continuing Default or Event Performance Obligation. Holders of Default in the payment a majority of the aggregate principal of, interest and premium, if any, on amount of the Notes. Outstanding Securities shall not be entitled to waive any past default that results from a Winding-Up Event or a Non-Payment Event. (b) Upon the occurrence of any such waiverwaiver permitted by paragraph (a) above, such Default shall cease to exist, and any Event of Default with respect to any series arising therefrom shall be deemed to have been cured and not to have occurred for every purpose of this the Base Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders The holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or holders waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofor interest on any Note held by a non-consenting holder; and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each holder affected, interest provided that, subject to Section 6.06, the holders of a majority in principal amount of the then outstanding Notes may rescind an acceleration and premiumits consequences, if any, on the Notesincluding any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Senior Notes (including any Additional Senior Notes) by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Senior Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumLiquidated Damages, if any, on or interest on, the NotesSenior Notes (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Senior Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofprincipal, interest and premium, if any, or interest on any Note held by a non-consenting Holder (including in connection with an Asset Disposition Offer or a Change of Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended or waived without the Notesconsent of each Holder affected, provided that, subject to Section 6.02, the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the outstanding Notes of each series by written notice to the Trustee may on behalf of all Holders waive any past or existing Default and its consequences hereunder, except: (1) a continuing Default in the payment of the principal, premium, if any, or interest on any Note of such series held by a non-consenting Holder (including in connection with a Change of Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected, provided that, subject to Section 6.02, the Holders of a majority in principal amount of the then outstanding Notes by written notice to the Trustee may, on behalf of the Holders of all of the Notes, such series may rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indentureconsequences, except a continuing including any related payment Default or Event of Default in the payment of the principal of, interest and premium, if any, on the Notesthat resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofprincipal, interest and premium, if any, or interest on any Note held by a non-consenting Holder (including in connection with an Asset Disposition Offer or a Change of Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected, provided that, subject to Section 6.02, the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenture, except hereunder; provided that Holders of not less than 90% of the aggregate principal amount of the then outstanding Notes shall be required to waive a continuing Default or Event of Default in the payment of the principal of, interest and premium, Additional Amounts, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase); provided further, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then Notes outstanding Notes by written notice to the Trustee may, on behalf of the Holders holders of all of the outstanding Notes, rescind an acceleration or waive an existing Default or Event of Default any past default under this Indenture and its consequences under this Indentureconsequences, except a continuing Default or Event of Default default (i) in the payment of the principal of, interest and of premium, if any, any Additional Amounts or interest on any Note held by a non-consenting holder (which may only be waived with the Notesconsent of each Holder of Notes affected), or (ii) for any Note held by a non-consenting holder, in respect of a covenant or provision which under this Indenture cannot be modified or amended without the consent of the holder of each Note affected by such modification or amendment. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Securities of any Series may on behalf of the Holders of all the Securities of the Notes, rescind an acceleration or such Series waive an existing any past Default or Event of Default hereunder with respect to such Series and its consequences under this Indentureconsequences, except a continuing Default or Event of Default (a) in the payment of the principal ofof or interest on any Security of such Series (provided, interest however, that the Holders of not less than a majority in principal amount of the outstanding Securities of any Series may rescind an acceleration and premiumits consequences, if any, on including any related payment default that resulted from such acceleration) or (b) in respect of a covenant or provision hereof which cannot be modified or amended without the Notesconsent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with a Change of Control Offer) or in respect of a covenant or provision hereof which under Article 9 cannot be modified or amended without the consent of the Holder of each outstanding Note affected; provided that the Holders of a majority in aggregate principal amount of the then-outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Sections 2.09, 6.07 and 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumAdditional Interest on, if any, or interest on the NotesNotes (including in connection with an offer to purchase); provided, however, that subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in 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, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumpremium on, if any, on or interest, if any, on, the NotesNotes (including in connection with an Asset Sale Offer, a Change of Control Offer, or an Event of Loss Offer); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in 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, rescind an acceleration or waive an existing Default or Event of any past Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumpremium on, if any, on interest or Additional Amounts, if any, on, any Note held by a non-consenting Holder (which may be waived only as provided in Section 9.02 hereof); provided that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders The holders of not less than a majority in aggregate principal amount of the Senior Notes then outstanding Notes by written notice to the Trustee may, on behalf of the Holders holders of all of the Senior Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indentureconsequences, except a continuing Default or an Event of Default in the payment of the principal of, of or interest on the Senior Notes held by non-consenting holders (other than nonpayment of principal of and premium, if any, or interest on the Senior Notes which has become due solely by virtue of an acceleration which has been duly rescinded, as provided above), or in respect of a covenant or provision of this Indenture which cannot be modified or amended without the consent of all holders of Senior Notes. Upon any such waiverWhen a Default is waived, such Default it shall cease to exist, exist and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of under this Indenture; but no such . No waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less Bonds representing more than a majority in aggregate principal amount fifty percent (50%) of the then outstanding Notes by written notice to Aggregate Outstanding Principal Amount of the Trustee mayBonds may waive, on behalf of the Holders of all of the NotesBonds, rescind an acceleration or waive an existing any past Default or Event of Default hereunder and its consequences under this Indentureconsequences, except a continuing Default or Event of Default Default: (a) in the payment of the principal ofof or interest on any Bond, interest or Trustee’s fees and premiumexpenses; (b) in respect to a covenant or provision hereof which, if anyunder Section 15.02, on cannot be modified or amended without the Notesconsent of the Holder of each Outstanding Bond affected; or (c) in actions which deprive the Trustee or any Holder of a lien upon any of the Collateral or the Trust Estate. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Securities of any Series may on behalf of the Holders of all the Securities of the Notes, rescind an acceleration or such Series waive an existing any past Default or Event of Default hereunder with respect to such Series and its consequences under this Indentureconsequences, except a continuing Default or Event of Default (a) in the payment of the principal ofof or interest on any Security of such Series (provided, interest however, that the Holders of a majority in principal amount of the outstanding Securities of any Series may rescind an acceleration and premiumits consequences, if any, on including any related payment default that resulted from such acceleration) or (b) in respect of a covenant or provision hereof that cannot be modified or amended without the Notesconsent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofprincipal, interest and 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 Control Offer); and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected, provided that, subject to Section 6.02, the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes may, by written notice to the Trustee mayTrustee, on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing any past Default or Event of Default hereunder and its consequences under this Indentureconsequences, except a continuing Default or Event of Default Default: (a) in the payment of the principal of, interest and (or premium, if any, ) or interest on any Note (including any Note which is required to have been purchased pursuant to an offer to purchase that the NotesCompany is required to make under this Indenture); or (b) in respect of a Section of this Indenture which cannot be modified or amended without the consent of the holder of each outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but provided, however, no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in in: (a) the payment of the principal of, or interest on, the Notes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then Outstanding Notes may rescind an acceleration and premiumits consequences, if anyincluding any related payment default that resulted from such acceleration, on in accordance with Section 7.02; (b) the Notesconversion of any Note into cash, shares of Common Stock or a combination thereof, as applicable, in accordance with the provisions of such Note and this Indenture; or (c) compliance with any of the provisions of this Indenture that would require the consent of the Holder of each Outstanding Note affected thereby. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumor premium or interest, if any, on on, the NotesNotes (including a payment default in connection with an Asset Sale Offer or Change of Control Offer) other than non-payment resulting from a declaration of acceleration pursuant to Section 6.02 hereof that has been rescinded in accordance with this Article Six. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes of a series by written notice to the Trustee and the Collateral Agent may, on behalf of the Holders of all of the NotesNotes of such series, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on on, or interest, if any, on, the NotesNotes of such series; provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes of such series may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, of or interest and or premium, if any, on the NotesNotes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee This Section 6.04 shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losseslieu of TIA Section 316(a)(1)(B), liabilities and expenses caused TIA Section 316(a)(1)(B) is hereby expressly excluded from this Indenture and Section as permitted by taking or not taking such actionthe TIA.

Waiver of Past Defaults. Holders of not less than a majority in 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, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumpremium and Additional Amounts, if any, on the NotesNotes (including in connection with an offer to purchase) (other than a payment default resulting from an acceleration that has been rescinded). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Securities of any Series may on behalf of the Holders of all the Securities of the Notes, rescind an acceleration or such Series waive an existing any past Default or Event of Default hereunder with respect to such Series and its consequences under this Indentureconsequences, except a continuing Default or Event of Default (i) in the payment of the principal ofof or interest on any Security of such Series (provided, interest however, that the Holders of a majority in principal amount of the outstanding Securities of any Series may rescind an acceleration and premiumits consequences, if any, on including any related payment default that resulted from such acceleration) or (ii) in respect of a covenant or provision hereof which cannot be modified or amended without the Notesconsent of the Holder of each outstanding Security of such Series affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.18

Waiver of Past Defaults. Subject to Section 6.2, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing any past Default or Event of Default hereunder and its consequences under this Indentureconsequences, except a continuing Default or Event of Default (i) in the payment of the principal ofof or interest on any Note (provided, interest however, that the Holders of a majority in principal amount of the outstanding Notes may rescind and premiumannul a declaration of acceleration and its consequences, if any, on including any default in such payment that has become due solely by such declaration of acceleration) or (ii) in respect of a covenant or provision hereof that cannot be modified or amended without the Notesconsent of the Holder of each outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofprincipal, interest and premium, if any, or interest on any Note held by a non-consenting Holder (including in connection with an Asset Disposition Offer or a Change of Control Offer); and (2) a Default with respect to a provision that under Section 10.1 cannot be amended without the Notesconsent of each Holder affected, provided that, subject to Section 5.1(c), the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 7.02, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Outstanding Securities may on behalf of the Holders of all of the Notes, rescind an acceleration or outstanding Securities waive an existing any past Default or Event of Default hereunder and its consequences under this Indentureconsequences, except a continuing Default or Event of Default Default: (a) in the payment of the principal ofamount, interest accrued and premiumunpaid interest, Fundamental Change Purchase Price, if anyany and as applicable, on or to deliver Common Stock as required, with respect to the NotesSecurities (which may only be waived with the consent of each Holder of the Securities affected); or (b) in respect of any provision which under this Indenture cannot be modified or amended without the consent of the Holder of each outstanding Security affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then then-outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with a Change of Control Offer) or in respect of a covenant or provision hereof which under Article 9 cannot be modified or amended without the consent of the Holder of each outstanding Note affected; provided that the Holders of a majority in aggregate principal amount of the then-outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such accelera- tion. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders The Permitted Noteholders of not less than a majority in aggregate principal amount Series of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes of such Series waive an any existing Default or Event of Default and its consequences under this Indenture, except a continuing Default or Event of Default in the payment of the interest, principal of, interest and premium, if any, on any Note of such Series held by a non-consenting Holder; provided, that subject to Section 6.03 hereof, the NotesPermitted Noteholders of a Series of Notes may rescind an acceleration and its consequences with respect to the Notes of such Series, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, or interest and premiumon, if any, on the Notes; provided, however, that the Trustee (in the event Holders of a majority in aggregate principal amount of the then outstanding Notes have not declared the Notes to be due and payable immediately) or Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders The Holders, through the written consent of not less than a majority in aggregate of the principal amount of the then outstanding Notes by written notice to the Trustee Outstanding Notes, may, on behalf of the Holders of all of the Notes, rescind an acceleration or waive an existing Default or Event of Default and its consequences under this IndentureDefault, except a continuing Default or Event of Default Default: (a) set forth in Sections 4.1(b) and (c), provided, however, that subject to Section 4.7, the payment Holders of a majority of the principal ofamount of the Outstanding Notes may rescind an acceleration and its consequences, interest and premiumincluding any related payment default that resulted from such acceleration; or (b) in respect of a covenant or provision hereof which, if anyunder Section 7.2 hereof, on cannot be modified or amended without the Notesconsent of the Holders of each Outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but provided, however, that no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then total outstanding Senior Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Senior Notes waive an any existing Default or Event of Default with respect to the Senior Notes and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Senior Note held by a non-consenting Holder of the NotesSenior Notes (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then total outstanding Senior Notes may rescind a declaration of acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default with respect to the Senior Notes shall cease to exist, and any Event of Default with respect to the Senior Notes arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except (i) a continuing Default or Event of Default in the payment of the principal of, of or premium or interest and premium, if any, on the NotesNotes (provided that the Holders of at least a majority in aggregate principal amount of the Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) and (ii) a default with respect to a provision that under Section 9.02 cannot be amended without the consent of each Holder affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, with a copy to the Issuer may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on Special Interest, 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 Control Offer); provided, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumAdditional Interest, if any, on or interest on, the NotesNotes (excluding in connection with a Change of Control Offer or an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this IndentureIndenture and the Security Documents (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder, and may rescind any acceleration and its consequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this IndentureIndenture (including in connection with an Asset Sale Offer or a Change of Control Offer), except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder, and may rescind any acceleration and its consequences with respect to the Notes, including any related payment default that resulted from such acceleration; provided such rescission would not conflict with any judgment of a court of competent jurisdiction. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 6.02, Holders of not less than a majority in aggregate principal amount of all the Notes then outstanding Notes outstanding, by written notice to the Trustee may, (with a copy to the Issuer; provided that any waiver or rescission under this Section 6.04 shall be valid and binding notwithstanding the failure to provide a copy of such notice to the Issuer) may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this IndentureIndenture (including in connection with an Asset Sale Offer, an Advance Offer a Change of Control Offer or an Alternate Offer) and rescind any acceleration with respect to the Notes and its consequences under this Indenture (except if such rescission would conflict with any judgment of a court of competent jurisdiction and except a continuing Default or Event of Default in the payment of the principal ofinterest on, interest and premium, if any, on or the Notesprincipal of, any Note held by a non-consenting Holder). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such actionthereto.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount Principal Amount of the then outstanding Notes Securities, by written notice to the Trustee mayTrustee, may waive on behalf of the Holders of all of the Notes, rescind an acceleration or waive an existing Securities a past Default or Event of Default and its consequences under this Indenture, except (i) a continuing Default or Event of Default in the payment of the principal ofPrincipal Amount, interest and Redemption Price, Repurchase Price or Designated Event Repurchase Price, premium, if any, or interest, if any, on any Security, unless the Notessame shall have been paid in full or (ii) in respect of a covenant or provision hereof which pursuant to Section 9.02 cannot be amended or modified without the consent of all affected Holders. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Prior to the acceleration of the maturity of the Securities, the Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, Outstanding Securities may on behalf of the Holders of all of the Notes, rescind an acceleration or Outstanding Securities waive an existing any past Default or Event of Default and its consequences under this Indentureconsequences, except a continuing Default or Event of Default Default (a) in the payment of the principal of, interest and premium, if any, or interest on any Security (which may only be waived with the Notesconsent of each Holder of Securities effected); or (b) in respect of a covenant or a provision hereof which under this Indenture cannot be modified or amended without the consent of the Holder of each Security Outstanding affected by such modification or amendment. Upon any such waiver, such Default default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the Notes then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenture, Indenture except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, or interest, on the NotesNotes or the Guarantees (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted solely from such acceleration). Upon any such waiverwaiver granted or deemed granted in accordance with the terms hereof, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured and waived for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, however, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of past Default in the payment of the (a) in principal of, interest and premium, premium if any, on or interest on, any Note, or in the payment of any sinking fund installment with respect to the Notes, or (b) in respect of a covenant or provision hereof which pursuant to Article 9 hereof cannot be modified or amended, without the consent of Holders of each outstanding Note affected); provided, subject to Section 6.02 hereof, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Fourth Supplemental Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes (which contain such defaults) by written notice to the Trustee may, on behalf of the Holders of all of the NotesNotes (which contain such defaults), waive, rescind an acceleration or waive cancel any declaration of an existing or past Default or Event of Default and its consequences under this IndentureIndenture if such waiver, rescission or cancellation would not conflict with any judgment or decree, except a continuing Default or Event of Default in the payment of the principal of, of and interest and premium, if any, on the Notesapplicable Notes (other than such nonpayment of principal or interest that has become due as a result of such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders Provided the Notes are not then due and payable by reason of not less than a declaration of acceleration, the 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 holders of all of the Notes, waive, rescind an acceleration or waive cancel any declaration of an existing or past Default or Event of Default and its consequences under this IndentureIndenture if such waiver, rescission or cancellation would not conflict with any judgment or decree, except a continuing Default or Event of Default in the payment of interest or premium on, or the principal of, the Notes (other than such nonpayment of principal or interest and premium, if any, on the Notesthat has become due as a result of such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. (a) The Holders of not less than a majority in aggregate principal amount of the then outstanding Outstanding Notes may, by written notice to the Trustee mayTrustee, on behalf of the Holders of all of the Notes, rescind an acceleration or waive an any existing Default or Event of Default hereunder and its consequences under this Indentureconsequences, except except: (1) a continuing Default or Event of Default in the payment of the principal of, interest and of (or premium, if any) or interest (including Special Interest, if any) 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 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 Outstanding Note affected. (b) Upon any such waiverwaiver described in subsection (a) of this Section 513, such Default shall cease to exist, exist and any Event of Default arising therefrom shall be deemed to have been cured cured, for every purpose of this Indenture; but provided that no such waiver shall extend to any subsequent or other Default default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice in writing to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on interest or Additional Interest, if any, on, the NotesNotes (including in connection with a Change of Control Offer or other offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except (1) a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer) and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected; provided, subject to Section 6.02, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in 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, rescind an acceleration or waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premiumpremium on, if any, on or interest or Special Interest, if any, on, the NotesNotes (including in connection with an offer to purchase); provided, however, that, subject to Section 6.02, the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenturehereof; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, premium or interest and premium, if any, on the NotesNotes (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes with written notice to the Trustee may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration) in accordance with Section 6.2 hereof. Upon any such waiver, such Default shall cease to exist, exist and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right rights of the Trustee or the Holders consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 5.05(b), Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, any Note held by a non-consenting Holder (including in connection with an Asset Sale Offer or a Change of Control Offer); provided, subject to Section 5.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on Additional Interest, if any, or interest on, any Note held by a non-consenting Holder (including in connection with a Change of Control Offer) or a failure to perform conversion obligations under Article 8; provided, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Subject to Section 9.02, Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumLiquidated Damages, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunderIn the event of a waiver, the Company shall deliver to the Trustee shall be entitled an Officers' Certificate stating that the requisite percentage of Holders have consented to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities such waiver and expenses caused by taking or not taking attaching copies of such actionconsents.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in in: (1) the payment of the principal of, interest premium and premiumSpecial Interest, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase); provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration; (2) the conversion of any Note into shares of Common Stock in accordance with the provisions of such Note and this Indenture; or (3) compliance with any of the provisions of this Indenture that would require the consent of the Holder of each outstanding Note affected. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on Additional Interest, 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 Control Offer); provided, subject to Section 6.02 hereof, that the NotesHolders of a majority in aggregate principal amount of the then outstanding Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. Holders of not less than a majority in aggregate principal amount of the then outstanding First Mortgage Notes by written notice to the Trustee may, may on behalf of the Holders of all of the Notes, rescind an acceleration or First Mortgage Notes waive an existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest premium and premiumLiquidated Damages, if any, on or interest on, the NotesFirst Mortgage Notes (including in connection with an offer to purchase) (provided, however, that the Holders of a majority in aggregate principal amount of the then outstanding First Mortgage Notes may rescind an acceleration and its consequences, including any related payment default that resulted from such acceleration). Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in 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, rescind an acceleration or Notes waive an any existing Default or Event of Default and its consequences under this Indenturehereunder, except a continuing Default or Event of Default in the payment of the principal of, interest and premium, if any, on or interest on, the NotesNotes (including in connection with an offer to purchase), if there has been deposited with the Trustee a sum sufficient to pay all sums paid or advanced by the Trustee hereunder and the reasonable compensation, expenses, disbursements and advances of the Trustee, its agents and counsel. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of a majority in aggregate principal amount of the Notes then outstanding may waive any existing Default or Event of Default under this Indenture, and its consequences, except in the case of (a) a Default in the payment of principal of, or any premium or interest on, any Note; or (b) a Default in respect of a covenant or provision that cannot less than be amended or modified without the consent of the affected Holders; provided, subject to Section 6.2 hereof, that the 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 all of the Notes, may rescind an acceleration or waive an existing Default or Event of Default and its consequences under this Indentureconsequences, except a continuing Default or Event of Default in the including any related payment of the principal of, interest and premium, if any, on the Notesdefault that resulted from such acceleration. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.

Waiver of Past Defaults. The Holders of not less than a majority in aggregate principal amount of the then outstanding Notes by written notice to the Trustee may, may on behalf of the all Holders of all of the Notes, rescind an acceleration waive any existing or waive an existing Default or Event of past Default and its consequences under this Indenturehereunder, except except: (1) a continuing Default or Event of Default in the payment of the principal ofprincipal, interest and premium, if any, or interest on any Note held by a non-consenting Holder; and (2) a Default with respect to a provision that under Section 9.02 cannot be amended without the Notesconsent of each Holder affected, provided that, subject to Section 6.02, the Holders of a 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. Upon any such waiver, such Default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured for every purpose of this Indenture; , but no such waiver shall extend to any subsequent or other Default or impair any right consequent thereon. Prior to taking any action hereunder, the Trustee shall be entitled to indemnification or other security satisfactory to it in its sole discretion against all losses, liabilities and expenses caused by taking or not taking such action.