Common use of With Consent of the Holders Clause in Contracts

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture and the Securities with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 3 contracts

Samples: Indenture (Constellium Se), Indenture (Constellium N.V.), Indenture (Constellium N.V.)

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With Consent of the Holders. (a) The Issuer Issuers and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee Guarantees to any other Indebtedness of the Issuer Issuers or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 2 contracts

Samples: Indenture (OEI, Inc.), Indenture (Rexnord Corp)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate make any change in Article 10 or Article 12 that adversely affects the Securities rights of any Holder under Article 10 or any Guarantee to any other Indebtedness of the Issuer or any GuarantorArticle 12, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 2 contracts

Samples: Third Supplemental Indenture (Verso Paper Corp.), Indenture (Verso Sartell LLC)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors (as applicable) and the Trustee may amend this Indenture and Indenture, the Securities Securities, any Security Document or the Intercreditor Agreement with respect to the each series of Securities with the written consent of the Holders of at least a majority in principal amount of the Securities of such series then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such HolderXxxxxx’s Securities, (viiivii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Verso Sartell LLC)

With Consent of the Holders. (a) The Issuer Issuer, the Collateral Agent, the Guarantors and the Trustee may amend or supplement this Indenture Indenture, the Securities, the Security Documents and the Securities with respect to Intercreditor Agreements, and may waive any provision thereof (including the Securities provisions of Section 4.08), with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment amendment, supplement or waiver may not: (i) reduce the amount of Securities Securities, whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any SecuritySecurity (or the due date in respect of the payment of any installment of principal), (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee Guarantees to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates (or the due date in respect of the payment of any installment of principal) therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Merrimack Pharmaceuticals Inc)

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture and the Securities with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Subsidiary Guarantee to any other Indebtedness of the Issuer or any Subsidiary Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (BPRex Delta Inc.)

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture Indenture, the Securities and the Securities Security Documents with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such HolderXxxxxx’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Aeroways, LLC)

With Consent of the Holders. (a) The Issuer Issuers and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate make any change in Article 10 or Article 12 that adversely affects the Securities rights of any Holder under Article 10 or any Guarantee to any other Indebtedness of the Issuer or any GuarantorArticle 12, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 1 contract

Samples: Indenture (Rexnord Corp)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee Guarantees to any other Indebtedness of the Issuer Issuers or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 1 contract

Samples: Indenture (RBS Global Inc)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee Guarantees to any other Indebtedness of the Issuer Issuers or any Guarantor, (vii) impair the legal contractual right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 1 contract

Samples: Indenture (Rexnord Corp)

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture Indenture, the Securities and the Securities Security Documents with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Berry Plastics Corp)

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With Consent of the Holders. (a) The Issuer Company and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, (vii) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Company or any Guarantor, or (viii) modify the Guarantees in any manner adverse to the Holders. It shall not be necessary for the consent of the 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.

Appears in 1 contract

Samples: Indenture (Nalco Holding CO)

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture and the Securities with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 1 contract

Samples: Indenture (Noranda Aluminum Acquisition CORP)

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture Indenture, the Securities and the Securities Security Documents with respect to the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 33 or reduce the price payable upon redemption of any Security, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Subsidiary Guarantee to any other Indebtedness of the Issuer or any Subsidiary Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Berry Plastics Group Inc)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors (as applicable) and the Trustee may amend this Indenture the Senior Lien Intercreditor Agreement, the First-Priority Intercreditor Agreement, the Junior Lien Intercreditor Agreement, any Other Intercreditor Agreement and the Securities with respect to the Securities Note Documents with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viiivii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Verso Paper Corp.)

With Consent of the Holders. (a) The Issuer Issuers, the Guarantors (as applicable) and the Trustee may amend this Indenture and Indenture, the Securities with respect to Securities, any Security Document or the Securities Intercreditor Agreement with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee to any other Indebtedness of the Issuer or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viiivii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or,

Appears in 1 contract

Samples: Indenture (Verso Paper Corp.)

With Consent of the Holders. (a) The Issuer Company and the Trustee may amend this Indenture and the Securities with respect to or the Securities with the written consent of the Holders of at least a majority in principal amount of the Securities then outstanding voting as a single class (including consents obtained in connection with a tender offer or exchange for the Securities). However, without the consent of each Holder of an outstanding Security affected, an amendment may not: (i) reduce the amount of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any Security, (iii) reduce the principal of or change the Stated Maturity of any Security, (iv) reduce the premium payable upon the redemption of any Security or change the time at which any Security may be redeemed in accordance with Article 3, (v) make any Security payable in money other than that stated in such Security, (vi) expressly subordinate the Securities or any Guarantee Guarantees to any other Indebtedness of the Issuer Company or any Guarantor, (vii) impair the legal right of any Holder to receive payment of principal of, of or premium, if any, and interest on such Holder’s Securities on or after the due dates therefor or to institute suit for the enforcement of any payment on or with respect to such Holder’s Securities, (viii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, or

Appears in 1 contract

Samples: Indenture (MPM Silicones, LLC)

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