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, the Securities, the Security Documents and the Intercreditor Agreements 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, (a) 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, or (b) reduce the price payable upon redemption of any Security or change the time at which any Security may be redeemed under Section 3.09 or in Section 4.18, (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 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, (ix) modify any Subsidiary Guarantee in any manner adverse to the Holders, or (x) make any change in the provisions in the Escrow Agreement, any Intercreditor Agreement or this Indenture dealing with the application of gross proceeds of Collateral that would adversely affect the Holders. Subject to Section 11.04, without the consent of the Holders of at least two-thirds in aggregate principal amount of the Securities then outstanding, no amendment or waiver may release all or substantially all of the Collateral from the Lien of this Indenture and the Security Documents with respect to the Securities. 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. After an amendment under this Section 9.02 becomes effective, the Issuer shall promptly mail to the Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 9.02.

With Consent of the Holders. The Issuer Issuer, the Guarantors (as applicable) and the Trustee may amend this Indenture, the Securities, any Security Document or the Security Documents and the Intercreditor Agreements with respect to the Securities Subordination 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, (aiv) 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, or (b) reduce the price payable upon redemption of any Security or change the time at which any Security may be redeemed under Section 3.09 or in Section 4.18, (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 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,, 50 (viiivii) make any change in Section 6.04 or 6.07 or the second sentence of this Section 9.02, (ixviii) modify any Subsidiary Guarantee Guarantees in any manner adverse to the Holders, (ix) expressly subordinate the Securities or any Guarantee in right of payment to any other Debt of the Issuer or any Guarantor other than with respect to First Priority Lien Obligations, or (x) make any change in the provisions in the Escrow Agreement, any Intercreditor Subordination Agreement or this Indenture dealing with the application of gross proceeds of Collateral that would adversely affect the Holdersholders of the Securities. Subject to Section 11.04, without the consent of the Holders holders of at least two-thirds in aggregate principal amount of the Securities then outstanding, no amendment or waiver may release all or substantially all of the Collateral from the Lien of this the Indenture and the Security Documents with respect to the Securities. 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. After an amendment under this Section 9.02 becomes effective, the Issuer shall promptly mail to the Holders of Securities affected thereby a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 9.02.

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture, the Securities, the Security Documents and the Intercreditor Agreements Agreement 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, (a) 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, or (b) reduce the price payable upon redemption of any Security or change the time at which any Security may be redeemed under Section 3.09 or in Section 4.18, (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 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, (ix) modify any Subsidiary Guarantee in any manner adverse to the Holders, or (x) make any change in the provisions in the Escrow Agreement, any Intercreditor Agreement or this Indenture dealing with the application of gross proceeds of Collateral that would adversely affect the Holders. Subject to Section 11.04, without the consent of the Holders of at least two-thirds in aggregate principal amount of the Securities then outstanding, no amendment or waiver may release all or substantially all of the Collateral from the Lien of this Indenture and the Security Documents with respect to the Securities. 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. After an amendment under this Section 9.02 becomes effective, the Issuer shall promptly mail to the Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 9.02.

With Consent of the Holders. The Issuer and the Trustee may amend this Indenture, the SecuritiesSecurities of any series, the Security Documents and the Intercreditor Agreements with respect to the Securities of such series with respect to such series 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 SecuritiesSecurities of such series). However, without the consent of each Holder of an a respective series of outstanding Security affected, an amendment may not: (i) reduce the amount of such series of Securities whose Holders must consent to an amendment, (ii) reduce the rate of or extend the time for payment of interest on any such series of Security, (iii) reduce the principal of or change the Stated Maturity of any such series of Security, (aiv) reduce the premium payable upon the redemption of any such series of Security or change the time at which any such series of Security may be redeemed in accordance with Article 3, or (b) reduce the price payable upon redemption of any Security or change the time at which any Security may be redeemed under Section 3.09 or in Section 4.18, (v) make any such series of Security payable in money other than that stated in such series of Security, (vi) expressly subordinate the any such series of Securities or any Subsidiary Guarantee to any other Indebtedness of the Issuer or any Subsidiary Guarantor, (vii) impair the right of any Holder of such series 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, (ix) modify any Subsidiary Guarantee in any manner adverse to the Holders, or (x) make any change in the provisions in the Escrow Agreement, any Intercreditor Agreement or this Indenture dealing with the application of gross proceeds of Collateral that would adversely affect the HoldersHolders of such series of the Securities. Subject to Section 11.04, without the consent of the Holders of at least two-thirds in aggregate principal amount of the such series of Securities then outstanding, no amendment or waiver may release all or substantially all of the Collateral from the Lien of this Indenture and the Security Documents with respect to the such series of Securities. It shall not be necessary for the consent of the Holders of any series 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. After an amendment under this Section 9.02 becomes effective, the Issuer shall promptly mail to the Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 9.02. The Issuer shall inform The International Stock Exchange Authority Limited of any material amendment to this Indenture or any supplement thereto. The Issuer will also publish a notice of any such material amendment in accordance with the provisions of this Indenture described in Section 13.02.