Common use of With Consent of Holders of Notes Clause in Contracts

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 9 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

AutoNDA by SimpleDocs

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.094.09 hereof), 4.10 and 4.14) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class Securities of each Series of Securities affected thereby (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notesany Series of Securities), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Noteson, any Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class Securities of each Series of Securities affected thereby (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notesany Series of Securities).

Appears in 8 contracts

Samples: Indenture (Clearway Energy, Inc.), Indenture (Clearway Energy LLC), Indenture (Clearway Energy, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) and 4.15 hereof), the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (), including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (), including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). (Section 2.08 hereof shall determine which Notes are considered to be “outstanding” for purposes of this Section 9.

Appears in 6 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 6 contracts

Samples: Indenture (Sabre Corp), Indenture (Sabre Corp), Indenture (Sabre Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Additional Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 5 contracts

Samples: Indenture (H&E Equipment Services, Inc.), Indenture (Sabine Pass LNG, L.P.), Indenture (H&E Equipment Services, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 5 contracts

Samples: Indenture (Metropcs Communications Inc), Indenture (Innophos Investment Holdings, Inc.), Indenture (Metropcs Communications Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 5 contracts

Samples: Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.), Indenture (Post Holdings, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.08 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with purchase of, or a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 5 contracts

Samples: Indenture (Wynn Resorts LTD), Indenture (MGM Resorts International), Indenture (Wynn Resorts LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof and the defined terms used therein) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 4 contracts

Samples: Indenture (Red Rock Resorts, Inc.), Indenture (Red Rock Resorts, Inc.), Indenture (Red Rock Resorts, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Supplemental Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Supplemental Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 4 contracts

Samples: Fifth Supplemental Indenture (Metropcs Communications Inc), Sixth Supplemental Indenture (Metropcs Communications Inc), Second Supplemental Indenture (Metropcs Communications Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.09 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 4 contracts

Samples: Indenture (TerraForm Power, Inc.), Indenture (TerraForm Power, Inc.), Indenture (TerraForm Power, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 4 contracts

Samples: Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.), Indenture (SunCoke Energy Partners, L.P.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest on Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 4 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Huntsman International LLC), Indenture (Huntsman International LLC)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Additional Amounts, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee and the Collateral Agent may amend or supplement this Indenture (includingIndenture, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and any Guarantee, and the Subsidiary Guarantees Trustee (on behalf of the Holders) may consent to an amendment to any Security Document, the Junior Lien Intercreditor Agreement or the Alabama Intercreditor Agreement, in each case, with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees Documents may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Reliant Software, Inc.), Indenture (Reliant Software, Inc.), Indenture (Community Choice Financial Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor interest and Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Tesoro Logistics Lp), Indenture (Tesoro Corp /New/), Indenture (Tesoro Logistics Lp)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.094.06 hereof), 4.10 and 4.14) the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in principal aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07Section 6.03 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Vistra Corp.), Indenture (Vistra Energy Corp.), Indenture (Vistra Energy Corp.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (FirstCash Holdings, Inc.), Indenture (Firstcash, Inc), Supplemental Indenture (Firstcash, Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.093.10, 4.10 4.10, 4.11 and 4.144.16 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest on Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc), Indenture (Isle of Capri Casinos Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.093.11, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Additional Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, including without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Tercentenary Holdings, Corp.), Indenture (Angiotech Pharmaceuticals Inc), Indenture (Surgical Specialties UK Holdings LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Trustee and the Trustee Collateral Agent, if applicable, may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 4.10, and 4.14) and 4.14 hereof), the Notes and Notes, the Subsidiary Note Guarantees or any other Note Documents with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 3 contracts

Samples: Indenture (Ion Geophysical Corp), Indenture (I/O Marine Systems, Inc.), Indenture (Ion Geophysical Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Seventh Supplemental Indenture (B&G Foods, Inc.), First Supplemental Indenture (B&G Foods, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 4.11 and 4.14) 4.14 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).tender

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.14) 4.14 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest or Liquidated Damages, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Notwithstanding the foregoing, any (i) amendment to or waiver of Section 4.14 hereof, and (ii) amendment to Article 10 herein will require the consent of the Holders of at least two-thirds in aggregate principal amount of the Notes then outstanding if such amendment would materially adversely affect the rights of Holders of Notes.

Appears in 2 contracts

Samples: Indenture (Charles River Laboratories Holdings Inc), Indenture (Charles River Laboratories Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Guarantees note guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal ofprincipal, premium oninterest (including special interest, if any) and premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees note guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Nutra Sales Corp), Indenture (Nutra Sales Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.14 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (W&t Offshore Inc), Indenture (W&t Offshore Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and or the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or and the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Patrick Industries Inc), Indenture (American Woodmark Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Trustee and the Collateral Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09Sections 3.10, 4.10 and 4.14) and 4.15 hereof), the Notes and the Subsidiary Note Guarantees with the consent of the Company and the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on (including Special Interest, if any) on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (United Air Lines Inc), Indenture (United Air Lines Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.093.10, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and Exchange Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and Exchange Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Titan International Inc), Indenture (Titan Distribution, Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this the Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class then outstanding (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this the Indenture or the Notes Note Guarantees or the Subsidiary Guarantees Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Fourth Supplemental Indenture (Hanesbrands Inc.), First Supplemental Indenture (Hanesbrands Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and Exchange Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and Exchange Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Titan International Inc), Indenture (Titan International Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.14Section 4.15 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, on, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Delek Logistics Partners, LP), Indenture (Delek Logistics Partners, LP)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture (including, without limitation, Section 3.093.10, 3.11, 4.10 and 4.144.15 hereof) and the Notes and Notes, the Subsidiary Note Guarantees or the Security Documents with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the for Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Notes, the Note Guarantees or the Notes or the Subsidiary Guarantees Security Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of at least 66% in aggregate principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, such Notes), no waiver or amendment to this Indenture or any Security Document may make any change that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes).

Appears in 2 contracts

Samples: Indenture (Eldorado Resorts, Inc.), Indenture (NGA Holdco, LLC)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Sabre Corp), Indenture (Sabre Corp)

With Consent of Holders of Notes. (a) Except as provided below in Section 9.01 and this Section 9.02, the Company, the Guarantors any Guarantor (with respect to a Guarantee or this Indenture) and the Trustee and the Notes Collateral Agent may amend or supplement this Indenture (includingIndenture, without limitationthe Notes, Section 3.09the Collateral Documents, 4.10 the Collateral Cooperation Agreement, the Intercreditor Agreements and 4.14) and the Notes and the Subsidiary Guarantees any Note Guarantee with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, any Note Guarantee, the Collateral Documents, the Collateral Cooperation Agreement, the Intercreditor Agreements or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (United States Steel Corp), Indenture (United States Steel Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (American Real Estate Holdings L P), Indenture (American Real Estate Partners L P)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, Sections 4.10 and 4.144.15 hereof) and the Notes and or the Subsidiary Guarantees Note Guarantee with the consent of the Company and Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Additional Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees Note Guarantee may be waived with the consent of the Company and Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Dresser-Rand Group Inc.), Indenture (Dresser-Rand Group Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.029.02 and Section 10.13, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class then outstanding (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes Note Guarantees or the Subsidiary Guarantees Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Hanesbrands Inc.), Bridge Loan Agreement (Hanesbrands Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 4.11 and 4.14) 4.14 hereof), the Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Ventas Inc), Indenture (Ventas Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).,

Appears in 2 contracts

Samples: Indenture (Nexstar Broadcasting of the Wichita Falls LLC), Indenture (Macdermid Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Hughes Communications, Inc.), Indenture (HNS Finance Corp.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 4.09 and 4.14) and 4.13 hereof), the Notes and Notes, the Subsidiary Note Guarantees or the Security Documents with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Notes, the Note Guarantees or the Notes or the Subsidiary Guarantees Security Documents (except as provided below with respect to releases of Collateral) may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Nathans Famous Inc), Indenture (Nathans Famous Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.14) 4.14 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.14) and 4.14 hereof), the Notes and or the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Southwest General Hospital Lp), Indenture (Southridge Plaza Holdings Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Sunnova Energy International Inc.), Indenture (Sunnova Energy International Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or an Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Tronox LTD), Indenture (Tronox LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Trico Marine Services Inc), Indenture (Corrections Corp of America)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors Guarantors, the Trustee and the Trustee Collateral Agent may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Notes, the Note Guarantees, in the case of the Collateral Agent, the Security Documents, and in the Notes and case of the Subsidiary Guarantees Trustee, the Escrow Agreement with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Additional Amounts, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). (Section 2.08 hereof shall determine which Notes are considered to be “outstanding” for purposes of this Section 9.

Appears in 2 contracts

Samples: Indenture (Archrock, Inc.), Indenture (Archrock, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.093.10, 4.10 and 4.14) 4.15 hereof), the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). In addition, any amendment to, or waiver of, the provisions of Article 10 that adversely affects the rights of the Holders of the Notes will require the consent of the Holders of at least 75% in aggregate principal amount of Notes then outstanding.

Appears in 2 contracts

Samples: First Supplemental Indenture (Jarden Corp), Indenture (Alltrista Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors each Guarantor party thereto, if any, and the Trustee and/or Collateral Agent, as applicable, may amend or supplement this Indenture (includingIndenture, without limitationthe Notes, Section 3.09, 4.10 the Guarantees and 4.14) and the Notes and the Subsidiary Guarantees any Security Document with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onand Additional Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Guarantees, the Security Documents or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Tops Markets Ii Corp), Indenture (Tops Holding Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Additional Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Memorial Production Partners LP), Indenture (QR Energy, LP)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) 4.15 hereof), the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Additional Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Icon Health & Fitness Inc), Indenture (Icon Health & Fitness Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.14) and the Notes 4.14 hereof), and the Subsidiary Guarantees and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Perkins Finance Corp), Indenture (Restaurant Co)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Escrow Agreement, the Notes of any series and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes of such series (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the NotesNotes of such series), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor interest and Special Interest, if any, or interest on on, the NotesNotes of such series, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Escrow Agreement, the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes of such series (including, without limitation, Additional NotesNotes of such series, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the such Notes).

Appears in 2 contracts

Samples: Indenture (Tesoro Corp /New/), Indenture (Tesoro Logistics Lp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). (Section 2.08 hereof shall determine which Notes are considered to be “outstanding” for purposes of this Section 9.

Appears in 2 contracts

Samples: Indenture (Exterran Partners, L.P.), Indenture (Exterran Partners, L.P.)

With Consent of Holders of Notes. Except as provided in Section 9.01 and below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.14 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest on Additional Interest, if any, on, the Notes, except a payment default Payment Default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Global Geophysical Services Inc), Indenture (Global Geophysical Services Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor interest and Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 4.10, 4.15 and 4.144.21 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest on Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchaser of, or tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Coeur D Alene Mines Corp), Indenture (Coeur D Alene Mines Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09Sections 3.08, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Jarden Corp), Indenture (Jarden Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Ubiquitel Inc), Indenture (Horizon Personal Communications Inc)

AutoNDA by SimpleDocs

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) 4.14 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Metaldyne Corp), Indenture (Trimas Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (includingIndenture, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onand Additional Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (ReAble Therapeutics Finance LLC), Indenture (Global Media USA, LLC)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, on, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Callon Petroleum Co), Indenture (Callon Petroleum Co)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors any Guarantor (with respect to a Guarantee or this Indenture) and the Trustee and the Notes Collateral Agent may amend or supplement this Indenture (includingIndenture, without limitationthe Notes, Section 3.09the Security Documents, 4.10 the ABL-Notes Intercreditor Agreement, the Pari Passu Intercreditor Agreement and 4.14) and the Notes and the Subsidiary Guarantees any Guarantee with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, any Guarantee, the Security Documents, the ABL-Notes Intercreditor Agreement, the Pari Passu Intercreditor Agreement or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (BMC Stock Holdings, Inc.), Indenture (Builders FirstSource, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.14 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Walter Energy, Inc.), Indenture (Walter Energy, Inc.)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Additional Amounts, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Viking Holdings LTD), Indenture (Viking Holdings LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Huntsman International LLC), Indenture (Venator Materials PLC)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuer and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.11 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Solera Holdings, Inc), Indenture (Solera Holdings, Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then then-outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with the purchase of, or a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Special Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then then-outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with the purchase of, or a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Johnson Polymer Inc), Indenture (Johnson Polymer Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 2 contracts

Samples: Indenture (Park Ohio Holdings Corp), Indenture (Park Ohio Industries Inc/Oh)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Subsidiary Guarantors (as applicable) and the Trustee and the Collateral Agent, as applicable, may amend or supplement this Indenture (includingIndenture, without limitationthe Notes, Section 3.09the Subsidiary Guarantees, 4.10 and 4.14) the Intercreditor Agreement and the Notes and the Subsidiary Guarantees Collateral Documents with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, through consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing past Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or Notes, the Subsidiary Guarantees Guarantees, the Intercreditor Agreement and the Collateral Documents may be waived with the consent of the Holders of a majority in principal aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, through consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Fortrea Holdings Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and or the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Patrick Industries Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors Parent Guarantor and the Trustee may amend or supplement this Indenture (includingNineteenth Supplemental Indenture, without limitation, Section 3.09, 4.10 and 4.14) the Guarantee and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Nineteenth Supplemental Indenture, the Guarantee or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 3.10, 4.10, 4.15 and 4.144.19 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Vs Direct Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors Parent Guarantor and the Trustee may amend or supplement this Indenture (includingTwenty-Sixth Supplemental Indenture, without limitation, Section 3.09, 4.10 and 4.14) the Guarantee and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Twenty-Sixth Supplemental Indenture, the Guarantee or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Supplemental Indenture (HCA Healthcare, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.029.02 and Section 10.13, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Gardner Denver Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest or Liquidated Damages, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of at least 75% in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, such Notes), no waiver or amendment to this Indenture may make any change in the provisions of Article 10 hereof that adversely affects the rights of any Holder of Notes.

Appears in 1 contract

Samples: Indenture (Interep National Radio Sales Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest on Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Hillman Companies Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, including Section 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Lonestar Resources US Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 4.10, 4.15 and 4.144.27 hereof) and the Notes Notes, Note Guarantees and the Subsidiary Guarantees Collateral Documents (subject to the terms of the Collateral Agency Agreement) with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes). The consent of the Holders of at least 85% in aggregate principal amount of Notes then outstanding shall be required to release all or substantially all of the Liens on Collateral securing the Notes otherwise than in accordance with the terms of this Indenture and the Collateral Documents.

Appears in 1 contract

Samples: Indenture (Global Crossing LTD)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Special Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Stanadyne Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) and 4.13 hereof), the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (), including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (), including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Aris Water Solutions, Inc.)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 Sections 4.08 and 4.144.11 hereof) and the Notes and or the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Additional Interest, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Vanguard Health Systems Inc)

With Consent of Holders of Notes. (a) Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (includingIndenture, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and or the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections Section 6.04 and 6.07Section 6.07 hereof, any existing Default or Event of Default (Default, other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, interest or interest on Liquidated Damages, if any, on, the Notes, Notes (except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Valassis Communications Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.01, 3.03, 3.07 (regarding when notice of redemption is to be provided), 3.09, 4.10 and 4.144.14 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on on, the Notes, except a payment default Payment Default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, for the Notes).

Appears in 1 contract

Samples: Indenture (Six Flags Entertainment Corp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, excluding Section 3.09, 4.10 and 4.14) and 4.15 hereof), the Note Guarantees, the Notes and and, prior to the Subsidiary Guarantees Merger Date, the Collateral Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or and, prior to the Subsidiary Guarantees Merger Date, the Collateral Documents, may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of at least 662/3% in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, such Notes), no waiver or amendment to this Indenture may make any change in the provisions of Section 4.10, 3.09 or 4.15 hereof that adversely affects the rights of any Holder of Notes.

Appears in 1 contract

Samples: Indenture (Key Energy Group Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuers, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Additional Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).,

Appears in 1 contract

Samples: Indenture (Memorial Production Partners LP)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Guarantors, the Trustee and the Collateral Trustee (if applicable with respect to the Security Documents) may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 4.12, 4.15, and 4.14) 4.16 hereof), the Notes, the Note Guarantees and the Notes and the Subsidiary Guarantees Security Documents with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and the PIK Interest Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections Section 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or Notes, the Subsidiary Note Guarantees and the Security Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes and PIK Interest Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (W&t Offshore Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.144.15 hereof) the Notes, the Note Guarantees, the Note Documents, the ABL Intercreditor Agreement, the Parity Lien Intercreditor Agreement and the Notes and the Subsidiary Guarantees Security Documents with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the such Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the such Notes).

Appears in 1 contract

Samples: Indenture (Radio One, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.144.15 hereof) and the Notes and the Subsidiary Note Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, on, or interest on or Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Callon Petroleum Co)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on or Special Interest, if any, on, the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Post Holdings, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Issuers and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) and 4.15 hereof), any Subsidiary Guarantees, the Notes and or the Subsidiary Guarantees Collateral Documents with the consent of the Holders of at least a majority in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Liquidated Damages, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, any Subsidiary Guarantees, the Notes or the Subsidiary Guarantees Collateral Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Hammons John Q Hotels Lp)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the CompanyIssuer, the Guarantors any Guarantor (with respect to a Guarantee or this Indenture) and the Trustee may amend or supplement this Indenture (includingIndenture, without limitation, Section 3.09, 4.10 and 4.14) and the Notes and the Subsidiary Guarantees any Guarantee with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, any Guarantee or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) ), in each case other than Notes beneficially owned by the Issuer or its Affiliates, voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Patheon Holdings Cooperatief U.A.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Guarantors, the Trustee and the Trustee Notes Collateral Agent may amend or supplement this Indenture (including, without limitation, Section Sections 3.09, 4.10 and 4.14) and ), the Notes and Notes, the Subsidiary Guarantees and/or the Security Documents with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or Notes, the Subsidiary Guarantees or the Security Documents may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Post Holdings, Inc.)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors and the Trustee may amend or supplement this Indenture Notes Documents (including, without limitation, Section 3.09, 4.10 and 4.14Section 4.14 hereof) and the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least not less than a majority in aggregate principal amount of the Notes then outstanding Notes (includingoutstanding, including without limitation, Additional Notes, if any) voting as a single class (including, without limitation, and consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections Section 6.04 and 6.07Section 6.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, interest or interest Additional Amounts, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or Indenture, the Notes or the Subsidiary Guarantees Guarantee(s) may be waived with the consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding outstanding, other than Notes beneficially owned by the Issuer or its Affiliates (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, and consents obtained in connection with a purchase of or tender offer or exchange offer for, or purchase of, for the Notes).

Appears in 1 contract

Samples: Indenture (Allwyn Entertainment AG)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.14) 4.15 hereof), the Subsidiary Guarantees and the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onpremium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Subsidiary Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (Oshkosh Truck Corp)

With Consent of Holders of Notes. Except as provided -------------------------------- below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section including Sections 3.09, 4.10 and 4.144.14 hereof) and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the Notes (including Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and, subject to Sections 6.04 and 6.07 hereof, any existing Default or Event of Default or compliance with any provision of this Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.07, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium on, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture or the Notes or the Subsidiary Guarantees may be waived with . Without the consent of the Holders of a majority at least 662/3% in aggregate principal amount of the Notes then outstanding Notes (including, without limitation, including Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a purchase of, or tender offer or exchange offer for, or purchase of, the Notes)., no waiver or amendment to this Indenture may make any change in the provisions of

Appears in 1 contract

Samples: Indenture (Just for Feet Specialty Stores Inc)

With Consent of Holders of Notes. Except as provided below in this Section 9.02, the Company, the Guarantors Company and the Trustee may amend or supplement this Indenture (including, without limitation, Section 3.09, 4.10 and 4.14) 4.15 hereof), the Note Guarantees and the Notes and the Subsidiary Guarantees with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and, subject to Sections 6.04 and 6.076.07 hereof, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium onor Special Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture Indenture, the Note Guarantees or the Notes or the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class (including, without limitation, including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes).

Appears in 1 contract

Samples: Indenture (National Waterworks Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!