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Common use of With Consent of the Holders Clause in Contracts

With Consent of the Holders. (a) The Issuer and the Trustee may amend this Indenture, the Notes or the Guarantees with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange for the Notes) and any past default or compliance with any provisions may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange for, the Notes). However, without the consent of each Holder of an outstanding Note affected, an amendment may not: (i) change any installment of interest with respect to the Notes or reduce the principal amount of or interest with respect to any Note, (ii) change cash prices at which the Notes may be redeemed by the Issuer, (iii) change the currency in which, or change the required place at which, payment with respect to principal of or interest with respect to the Notes is payable, (iv) change the time at which the Notes may be redeemed, or (v) reduce the percentage of the principal amount of Notes required to modify or amend this Indenture or the terms or conditions of the Notes or to waive any future compliance or past Default or Event of Default. 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 or supplement, but it shall be sufficient if such consent approves the substance thereof.

Appears in 3 contracts

Samples: Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.), Indenture (Capmark Finance Inc.)