Common use of With Consent of Bondholders Clause in Contracts

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any consent of Bondholders is not permitted by the preceding Section, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders of at least a majority in aggregate principal amount of the Bonds then outstanding. However, without the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity of the principal of, or interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the principal amount of the Bonds required for consent to such amendment or supplement, (e) impair the exclusion from federal gross income of interest on any Bond, (f) eliminate the holders' rights to tender the Bonds, or any mandatory redemption of the Bonds, extend the due date for the purchase of Bonds tendered by the holders thereof or call for mandatory redemption or reduce the purchase or redemption price of such Bonds, (g) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture or (h) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without the consent of the holder of each of those Bonds affected.

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any the consent of Bondholders is not permitted by the preceding SectionSection 10.01, the Issuer City and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders Owners of at least a majority in the aggregate principal amount of the Bonds then outstandingOutstanding. However, without the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity of the principal of, or interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any BondBond (other than an extension of the maturity of Series 1997 Bonds as provided in Section 9 of the Series 1997 Bonds), (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the aggregate principal amount of the Bonds the Owners of which are required for to consent to such amendment or supplement, (e) impair the exclusion from federal gross income of interest on any Bond, (f) eliminate the holdersOwners' rights to tender the Bonds, Bonds or any mandatory redemption of the Bonds, or extend the due date for the purchase of Bonds tendered by the holders Owners thereof or any call date for mandatory redemption redemption, or reduce the purchase or redemption price of such the Bonds, (g) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture or (h) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or U.S. Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those such Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that such Article VII shall be made without the consent of the holder Owner of each of those Bonds affectedaffected Bond.

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any the consent of Bondholders is not permitted by the preceding SectionSection 10.01, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders Owners of at least a majority in the aggregate principal amount of the Bonds then outstandingOutstanding. However, without the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity of the principal of, or interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the aggregate principal amount of the Bonds the Owners of which are required for to consent to such amendment or supplement, (e) impair the exclusion from federal gross income of interest on any Bond, (f) eliminate the holdersOwners' rights to tender the Bonds, Bonds or any mandatory redemption of the Bonds, or extend the due date for the purchase of Bonds tendered by the holders Owners thereof or any call date for mandatory redemption redemption, or reduce the purchase or redemption price of such the Bonds, (gf) create a lien ranking prior to or on a parity with the lien of this Indenture (except for the issuance of Additional Bonds pursuant to Section 2.11 hereof) on the property described in the Granting Clause of this Indenture or (hg) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or U.S. Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those such Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that such Article VII shall be made without the consent of the holder Owner of each of those Bonds affectedaffected Bond.

With Consent of Bondholders. If an amendment of or supplement (a) Subject to this Indenture or the Bonds without any consent of Bondholders is not permitted by the preceding SectionSection 6.07 hereof, the Issuer Issuer, the Guarantors and the Trustee may enter into such amendment amend this Indenture, the Bonds, any Related Document or supplement any document the form of which is an Exhibit to this Indenture with the written consent of the Bondholders of at least a majority in principal amount of the then outstanding Bonds (including consents obtained in connection with a tender offer or exchange offer for Bonds). Subject to Sections 6.04 and 6.07 hereof (other than a continuing Default or Event of Default in the payment of principal of or interest on any Bonds), the Bondholders of a majority in principal amount of the Bonds then outstanding (including consents obtained in connection with a tender offer or exchange offer for Bonds) may also waive compliance in a particular instance by the Issuer or the Guarantors with any provision of this Indenture, the Bonds, any Related Document or any document the form of which is an Exhibit to this Indenture. However, without prior notice to any Bondholders but with the consent of each Bondholder affected, an amendment or waiver under this Section 9.02 may not: (i) reduce the holders principal amount of Bonds whose Holders are necessary to consent to an amendment of this Indenture; (ii) reduce the principal of or change the Stated Maturity of any Bond or alter the redemption provisions with respect thereto; (iii) reduce the rate of or change the time for payment of interest on any Bond; (iv) waive a Default in the payment of principal or interest on any Bonds (except a revision of acceleration of the Bonds by the Holders of at least a majority in aggregate principal amount of the Bonds then outstanding. Howeverand a waiver of the payment default that resulted from such acceleration); (v) make any Bond payable in money other than that stated in the Bonds; (vi) make any change to Section 6.04 or 6.07 hereof or this sentence of this Section 9.02; (vii) waive a redemption payment with respect to any Bond; and (viii) directly or indirectly release Liens on all or substantially all of either the Atlantic City Showboat or the Las Vegas Showboat securing the obligations under the Indenture, without the Bonds or any Subsidiary Guaranty thereof or directly or indirectly release the Lien on all or substantially all of the Collateral securing the obligation under the Indenture, the Bonds or any Subsidiary Guaranty thereof. (b) Any amendment or waiver shall be effective upon receipt by the Trustee of an Officers' Certificate and Opinion of Counsel from the Issuer that such amendment or waiver has been authorized by the Issuer and that the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity majority of the principal of, or interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the an aggregate principal amount of the Bonds required for consent to has been obtained, unless such consents specify that they shall become effective at a later date, in which case such amendment or supplementwaiver shall become effective in the terms of such consent. (c) After an amendment or waiver under this Section 9.02 becomes effective, (e) impair the exclusion from federal gross income Issuer shall mail to Bondholders a notice briefly describing the amendment or waiver. Any failure of interest on any Bond, (f) eliminate the holders' rights Issuer to tender the Bondsmail such notice, or any mandatory redemption defect therein, shall not, however, in any way impair or affect the validity of the Bonds, extend the due date for the purchase of Bonds tendered by the holders thereof or call for mandatory redemption or reduce the purchase or redemption price of such Bonds, any supplemental indenture. (gd) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture or (h) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those Bonds It shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without necessary for the consent of the holder Bondholders under this Section 9.02 to approve the particular form of each of those Bonds affectedany proposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof.

With Consent of Bondholders. If an amendment of or supplement to this Indenture (a) The Company and the Trustee may amend the Combined Bond Contract or the Bonds without any consent of Bondholders is not permitted by the preceding Section, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders Bondholder but with the written consent of the holders of at least a majority in aggregate principal amount of the outstanding Bonds then outstanding(including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Bonds), which consent(s) shall be delivered to the Company and the Trustee. However, without the consent of each Bondholder affected, no an amendment may not: (1) reduce the principal amount of Bonds the holders of which must consent to an amendment or supplement may waiver of the Combined Bond Contract or the Bonds, or modify any other aspect of the provisions dealing with modification and waiver of the Combined Bond Contract; (a2) extend reduce the maturity rate of, or change, or have the effect of changing the time for payment of the interest on any Bonds; (3) reduce the principal of, or change, or have the effect of changing the fixed maturity of any Bonds or the amount due upon an Event of Default, or change the date on which any Bonds may be subject to acceleration or redemption, or reduce the redemption price therefor; (4) make any Bonds payable in currency or at a location other than that stated in the Contract with respect to the Bonds or at a place other than stated in the Contract with respect to the Bonds; or (5) make any change in the provisions of the Combined Bond Contract entitling each Bondholder to receive payment of principal of and interest onon such Bonds on or after the due date thereof or to bring suit to enforce such payment, any Bond, or permitting holders of a majority in principal amount of outstanding Bonds to waive compliance with various provisions of the Combined Bond Contract or Defaults or Events of Default. (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the principal amount of the Bonds required for consent to such amendment or supplement, (e) impair the exclusion from federal gross income of interest on any Bond, (f) eliminate the holders' rights to tender the Bonds, or any mandatory redemption of the Bonds, extend the due date for the purchase of Bonds tendered by the holders thereof or call for mandatory redemption or reduce the purchase or redemption price of such Bonds, (g) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture or (h) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds and those Bonds It shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without necessary for the consent of the holder Bondholders under this Section 5.2 to approve the particular form of each any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. (c) After an amendment under this Section 5.2 becomes effective, the Company shall mail to Bondholders a notice briefly describing such amendment. The failure to give such notice to all Bondholders, or any defect therein, shall not impair or affect the validity of those Bonds affectedan amendment under this Section 5.2.

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any consent of Bondholders is not permitted by the preceding Section, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders of at least a majority in aggregate principal amount of the Bonds then outstandingOutstanding. However, without the consent of each Bondholder all Bondholders affected, no amendment or supplement may (a) extend the maturity of the principal of, or interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any BondBond or change the terms of any redemption (except as otherwise provided in Section 3.01), (c) effect a privilege or priority of any Bond or Bonds over any other Bond or BondsBonds (except as provided herein), (d) reduce the percentage of the principal amount of the Bonds required for consent to such amendment or supplement, (e) impair the exclusion from federal gross income of interest on any BondBond from gross income of the owner thereof for federal income tax purposes, (f) eliminate the holders' rights to optionally tender the Bonds, or any mandatory redemption of the Bonds, (g) extend the due date for the purchase of Bonds optionally tendered by the holders thereof or call for mandatory redemption or reduce the purchase or redemption price of such Bonds, (gh) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture Indenture, or (hi) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or U.S. Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII for the payment of Bonds pursuant to Article VII and those Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without the consent of the holder of each of those Bonds affected.

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any consent of Bondholders is not permitted by the preceding Section, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders of at least a majority in aggregate principal amount of the Bonds then outstandingOutstanding. However, without the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity of the principal of, or the due date of interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the principal amount of the Bonds required for consent to such amendment or supplement, (e) impair the exclusion excludability from federal gross income for federal income tax purposes of interest on any Bond, (f) eliminate the holders' rights to tender the Bondsdemand that their Bonds be purchased, or any mandatory tender or redemption of the Bonds, (g) extend the due date for the purchase of Bonds tendered by the holders thereof or call for mandatory tender or redemption or reduce the purchase or redemption price of such Bonds, (gh) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture not otherwise provided for herein or (hi) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or Government Governmental Obligations have been deposited or set aside with the Trustee pursuant to Article VII X for the payment of the Bonds and those the Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without the consent of the holder holders of each of those the Bonds affected.

With Consent of Bondholders. If an amendment of or supplement to this Indenture or the Bonds without any consent of Bondholders is not permitted by the preceding Section, the Issuer and the Trustee may enter into such amendment or supplement without prior notice to any Bondholders but with the consent of the holders of at least a majority in aggregate principal amount of the Bonds then outstandingOutstanding. However, without the consent of each Bondholder affected, no amendment or supplement may (a) extend the maturity of the principal of, or the due date of the interest on, any Bond, (b) reduce the principal amount of, or rate of interest on, any Bond, (c) effect a privilege or priority of any Bond or Bonds over any other Bond or Bonds, (d) reduce the percentage of the principal amount of the Bonds required for consent to such amendment or supplement, (e) impair the exclusion excludability from federal gross income for Federal income tax purposes of interest on any Bond, (f) eliminate the holders' rights to tender the Bondsdemand that their Bonds be purchased, or any mandatory tender or redemption of the Bonds, (g) extend the due date for the purchase of Bonds tendered by the holders thereof or call for mandatory tender or redemption or reduce the purchase or redemption price of such Bonds, (gh) create a lien ranking prior to or on a parity with the lien of this Indenture on the property described in the Granting Clause of this Indenture not otherwise provided for in this Indenture, or (hi) deprive any Bondholder of the lien created by this Indenture on such property. In addition, if moneys or Government Obligations have been deposited or set aside with the Trustee pursuant to Article VII X for the payment of Bonds the Bonds, and those the Bonds shall not have in fact been actually paid in full, no amendment to the provisions of that Article shall be made without the consent of the holder holders of each of those Bonds affected.