Common use of With Consent of the Holder Clause in Contracts

With Consent of the Holder. (i) The Company may amend this Note or any New Notes without notice to the Holder but with the written consent of the holders of at least a majority in principal amount of the New Notes. (ii) Without the consent of each holder affected, an amendment may not: reduce the amount of New Notes whose Holders must consent to an amendment; reduce the rate of or extend the time for payment of interest on any New Note; reduce the principal of or extend the Stated Maturity of any New Note; reduce the premium payable upon the redemption of any New Note or change the time at which any New Note may be redeemed in accordance with Section 5; make any New Note payable in money other than U.S. Dollars; make any change in Section 12(b) or 12(c), or clause (ii) of this Section 10(b); or make any change in any the Note Guarantee that would adversely affect the Holders; and (iii) The above provisions notwithstanding, any amendment to Section 3(d)(2)(J), Section 3(d)(3) or Section 3(e) of this Note requires the written consent of holders of least 75% of the outstanding aggregate principal amount of the New Notes. This clause (iii) may not be amended or waived except upon the written consent of holders of at least 75% of the outstanding aggregate principal amount of the New Notes. (iv) It shall not be necessary for the consent of the holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. (v) After an amendment under this Section becomes effective, the Company shall mail to the Holder a notice briefly describing such amendment. The failure to give such notice to the Holder, or any defect therein, shall not impair or affect the validity of an amendment under this Section.

With Consent of the Holder. (i) The Company may amend this Note or any New Notes without notice to the Holder but with the written consent of the holders of at least a majority in principal amount of the New Notes. (ii) Without the consent of each holder affected, an amendment may not: reduce the amount of New Notes whose Holders holders must consent to an amendment; reduce the rate of or extend the time for payment of interest on any New Note; reduce the principal of or extend the Stated Maturity of any New Note; reduce the premium payable upon the redemption of any New Note or change the time at which any New Note may be redeemed in accordance with Section 5; make any New Note payable in money other than U.S. Dollars; make any change in Section 12(b) or 12(c), or clause (ii) of this Section 10(b); or make any change in any the Note Guarantee that would adversely affect the Holdersholders; and (iii) The above provisions notwithstanding, any amendment to Section 3(d)(2)(J), Section 3(d)(3) or Section 3(e) of this Note requires the written consent of holders of least 75% of the outstanding aggregate principal amount of the New Notes. This clause (iii) may not be amended or waived except upon the written consent of holders of at least 75% of the outstanding aggregate principal amount of the New Notes. (iv) It shall not be necessary for the consent of the holders under this Section to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. (v) After an amendment under this Section becomes effective, the Company shall mail to the Holder a notice briefly describing such amendment. The failure to give such notice to the Holder, or any defect therein, shall not impair or affect the validity of an amendment under this Section.

With Consent of the Holder. (i) The Company This Indenture or the Notes issued hereunder may amend this Note be amended or any New Notes without notice to the Holder but supplemented with the written consent of the holders of at least a majority in principal amount at maturity of the New Notes. (ii) Without Notes then outstanding issued under this Indenture. However, without the consent of each holder affectedHolder affected thereby, an no amendment may not: may: (1) reduce the principal amount at maturity of New Notes whose Holders must consent to an amendment; ; (2) reduce the rate of or extend change or have the effect of changing the time for payment of interest interest, including defaulted interest, on any New Note; Notes; (3) reduce the principal amount at maturity of or extend change or have the Stated Maturity effect of changing the fixed maturity of any New Note; Notes, change the calculation of Accreted Value so as to reduce the premium payable upon the redemption of Accreted Value at any New Note time or change the time at date on which any New Note Notes may be redeemed in accordance with Section 5; subject to redemption or repurchase, or reduce the redemption or repurchase price therefor; (4) make any New Note Notes payable in money other than U.S. Dollars; that stated in the Notes; (5) make any change in Section 12(b) provisions of this Indenture protecting the right of each Holder to receive payment of principal of, premium, if any, and interest on such Notes on or 12(c)after the stated due date thereof or to bring suit to enforce such payment, or clause permitting Holders of a majority in principal amount at maturity of the then outstanding Notes to waive Defaults or Events of Default; (ii6) amend, change or modify in any material respect the obligation of the Issuer to make and consummate a Change of Control Offer after the occurrence of a Change of Control or make and consummate a Net Proceeds Offer with respect to any Asset Sale that has been consummated or, after such Change of Control has occurred or such Asset Sale has been consummated, modify any of the provisions or definitions with respect thereto; or (7) modify or change any provision of this Section 10(b); Indenture or make any change the related definitions affecting the subordination of the Notes in any the Note Guarantee that would a manner which adversely affect affects the Holders; and (iii) The above provisions notwithstanding, any amendment to Section 3(d)(2)(J), Section 3(d)(3) or Section 3(e) of this Note requires the written consent of holders of least 75% of the outstanding aggregate principal amount of the New Notes. This clause (iii) may not be amended or waived except upon the written consent of holders of at least 75% of the outstanding aggregate principal amount of the New Notes. (iv) It shall not be necessary for the consent of the holders Holders under this Section 9.02 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. (v) . After an amendment under this Section 9.02 becomes effective, the Company Issuer shall mail to the Holder Holders a notice briefly describing such amendment. .. The failure to give such notice to the Holderall Holders, or any defect therein, shall not impair or affect the validity of an amendment under this SectionSection 9.02.

With Consent of the Holder. (i) The Company This Indenture or the Notes issued hereunder may amend this Note be amended or any New Notes without notice to the Holder but supplemented with the written consent of the holders of at least a majority in principal amount of the New Notes. (ii) Without Notes then outstanding issued under this Indenture. However, without the consent of each holder affectedHolder affected thereby, an no amendment may not: may: (1) reduce the amount of New Notes whose Holders must consent to an amendment; ; (2) reduce the rate of or extend change or have the effect of changing the time for payment of interest interest, including defaulted interest, on any New Note; Notes; (3) reduce the principal of or extend change or have the Stated Maturity effect of changing the fixed maturity of any New Note; reduce the premium payable upon the redemption of any New Note Notes, or change the time at date on which any New Note Notes may be redeemed in accordance with Section 5; subject to redemption or repurchase, or reduce the redemption or repurchase price therefor; (4) make any New Note Notes payable in money other than U.S. Dollars; that stated in the Notes; (5) make any change in Section 12(b) provisions of this Indenture protecting the right of each Holder to receive payment of principal of, premium, if any, and interest on such Notes on or 12(c)after the stated due date thereof or to bring suit to enforce such payment, or clause (ii) permitting Holders of this Section 10(b); or make any change a majority in any the Note Guarantee that would adversely affect the Holders; and (iii) The above provisions notwithstanding, any amendment to Section 3(d)(2)(J), Section 3(d)(3) or Section 3(e) of this Note requires the written consent of holders of least 75% of the outstanding aggregate principal amount of the New Notesthen outstanding Notes to waive Defaults or Events of Default; (6) amend, change or modify in any material respect the obligation of the Issuers to make and consummate a Change of Control Offer after the occurrence of a Change of Control or make and consummate a Net Proceeds Offer with respect to any Asset Sale that has been consummated or, after such Change of Control has occurred or such Asset Sale has been consummated, modify any of the provisions or definitions with respect thereto; (7) modify or change any provision of this Indenture or the related definitions affecting the subordination of the Notes or any Guarantee in a manner which adversely affects the Holders; or (8) release any Guarantor from any of its obligations under its Guarantee or this Indenture otherwise than in accordance with the terms of this Indenture. This clause (iii) may not be amended No amendment of, or waived except upon supplement or waiver to, this Section 9.02 shall adversely affect the written rights of any holder of Senior Debt or Guarantor Senior Debt under Article 10 or Article 12, without the consent of such holder or, in accordance with the terms of such Senior Debt or Guarantor Senior Debt, the consent of the Representative of such holder or the requisite holders of at least 75% of the outstanding aggregate principal amount of the New Notes. (iv) such Senior Debt or Guarantor Senior Debt. It shall not be necessary for the consent of the holders Holders under this Section 9.02 to approve the particular form of any proposed amendment, but it shall be sufficient if such consent approves the substance thereof. (v) . After an amendment under this Section 9.02 becomes effective, the Company Issuers shall mail to the Holder Holders a notice briefly describing such amendment. The failure to give such notice to the Holderall Holders, or any defect therein, shall not impair or affect the validity of an amendment under this SectionSection 9.02.