Common use of With Consent of Noteholders Clause in Contracts

With Consent of Noteholders. Subject to Section 8.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender or exchange offer for Securities) of the Noteholders of at least a majority in principal amount of the then-outstanding Securities. Subject to Sections 8.04 and 8.07 hereof, the Noteholders of a majority in principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default as provided in Section 8.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 5 contracts

Samples: Indenture (Intevac Inc), Indenture (Intevac Inc), Indenture (Intevac Inc)

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With Consent of Noteholders. Subject to Section 8.07 8.7 hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) of the Noteholders of at least a majority in principal amount of the then-then outstanding Securities. Subject to Sections 8.04 8.4 and 8.07 8.7 hereof, the Noteholders of a majority in principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default as provided in Section 8.04 8.4 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 4 contracts

Samples: Indenture (Komag Inc /De/), Coeur D Alene Mines Corp, Coeur D Alene Mines Corp

With Consent of Noteholders. Subject to Section 8.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) of the Noteholders of at least a majority in aggregate principal amount of the then-then outstanding Securities. Subject to Sections 8.04 and 8.07 hereof, the Noteholders of a majority in aggregate principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default as provided in Section 8.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 2 contracts

Samples: Swift Energy Co, Swift Energy Co

With Consent of Noteholders. Subject to Except as provided below in this Section 8.07 hereof11.02, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender or exchange offer for Securities) of the Noteholders of at least a majority in principal amount of the then-then outstanding Securities. Subject to Sections 8.04 and 8.07 hereof, the Noteholders of a majority in principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default or Event of Default as provided in Section 8.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 2 contracts

Samples: Benchmark Electronics Inc, Doubleclick Inc

With Consent of Noteholders. Subject to Section 8.07 8.7 hereof, --------------------------- the Company and the Trustee may amend or supplement this Indenture or the Securities Notes with the written consent (including consents obtained in connection with any tender offer or exchange offer for SecuritiesNotes) of the Noteholders of at least a majority in aggregate principal amount of the then-then outstanding SecuritiesNotes. Subject to Sections 8.04 8.4 and 8.07 8.7 hereof, the Noteholders of a majority in aggregate principal amount of the Securities Notes then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for SecuritiesNotes) waive any existing Default as provided in Section 8.04 8.4 or waive compliance in a particular instance by the Company with any provision of this Indenture or the SecuritiesNotes. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities Notes held by a nonconsenting Noteholder):

Appears in 1 contract

Samples: Plasma & Materials Technologies Inc

With Consent of Noteholders. Subject to Except as provided below in this Section 8.07 hereof11.02, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender or exchange offer for Securities) of the Noteholders of at least a majority in aggregate principal amount of the then-then outstanding Securities. Subject to Sections 8.04 and 8.07 hereof, the Noteholders of a majority in aggregate principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default or Event of Default as provided in Section 8.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 1 contract

Samples: Indenture (Young & Rubicam Inc)

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With Consent of Noteholders. Subject to Section 8.07 7.07 hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender or exchange offer for Securities) of the Noteholders of at least a majority in principal amount of the then-outstanding Securities. Subject to Sections 8.04 7.04 and 8.07 7.07 hereof, the Noteholders of a majority in principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default as provided in Section 8.04 7.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 1 contract

Samples: Indenture (Sabratek Corp)

With Consent of Noteholders. Subject to Section 8.07 8.7 hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities with the written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) of the Noteholders of at least a majority in principal amount of the then-then outstanding Securities. Subject to Sections 8.04 8.4 and 8.07 8.7 hereof, the Noteholders of a majority in principal amount of the Securities then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for Securities) waive any existing Default as provided in Section 8.04 8.4 or waive compliance in a particular instance by the Company with any provision of this -52- 53 Indenture or the Securities. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities held by a nonconsenting Noteholder):

Appears in 1 contract

Samples: Indenture (HMT Technology Corp)

With Consent of Noteholders. Subject to Section 8.07 --------------------------- hereof, the Company and the Trustee may amend or supplement this Indenture or the Securities Notes with the written consent (including consents obtained in connection with any tender offer or exchange offer for SecuritiesNotes) of the Noteholders of at least a majority in principal amount of the then-then outstanding SecuritiesNotes. Subject to Sections 8.04 and 8.07 hereof, the Noteholders of a majority in principal amount of the Securities Notes then outstanding may also by their written consent (including consents obtained in connection with any tender offer or exchange offer for SecuritiesNotes) waive any existing Default or Event of Default as provided in Section 8.04 or waive compliance in a particular instance by the Company with any provision of this Indenture or the SecuritiesNotes. However, without the consent of each Noteholder affected, an amendment, supplement or waiver under this Section may not (with respect to any Securities Notes held by a nonconsenting Noteholder):

Appears in 1 contract

Samples: Charming Shoppes Inc

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