Common use of With Consent of the Holders Clause in Contracts

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Securities or the Guarantees 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 purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities). Section 2.09 and Section 11.06 shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Indenture (Hillman Companies Inc)

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With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the IssuerIssuers, the Guarantors and the Trustee may amend or supplement this Indenture, the Securities or the Guarantees 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 purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities). Section 2.09 and Section 11.06 shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Indenture (PQ Group Holdings Inc.)

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the Issuer, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture, the Securities or Securities, the Guarantees Guarantees, the Intercreditor Agreements and any Security Document 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 purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities Securities, the Security Documents, the Intercreditor Agreements or the Guarantees Guarantees, the Intercreditor Agreements and any other Security Document may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities), other than the Securities beneficially owned by the Issuer or its Affiliates. Section 2.09 and Section 11.06 12.04 shall determine which Securities are considered to be "outstanding" for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Party City Holdco Inc.

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenturehereof, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Securities or the Guarantees 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 purchase of, or tender offer or exchange offer for, the Securities), in each case other than Securities beneficially owned by the Issuer or its Affiliates (unless such Affiliates are the only beneficial owners of the Securities) and, subject to Sections 6.04 and 6.076.07 hereof, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities). Section 2.09 and Section 11.06 12.05 hereof shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security (including, for the avoidance of doubt, any Securities held by Affiliates) affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Supplemental Indenture (PQ Group Holdings Inc.)

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the Issuer, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture, the Securities or Securities, the Guarantees Guarantees, the Intercreditor Agreements and any Security Document 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 purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities Securities, the Security Documents, the Intercreditor Agreements or the Guarantees Guarantees, the Intercreditor Agreements and any other Security Document may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities), other than the Securities beneficially owned by the Issuer or its Affiliates. Section 2.09 and Section 11.06 12.04 shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Indenture (Party City Holdco Inc.)

With Consent of the Holders. Notwithstanding Section 9.01 of this IndentureIndenture and subject to Section 9.06, the Issuer, the Guarantors Guarantors, the Trustee and the Trustee Collateral Agent may amend or supplement this Indenture, the Securities or Notes, the Guarantees Guarantees, the Security Documents and/or any intercreditor agreement with the written consent of the Holders of at least a majority in principal amount of the Securities Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the SecuritiesNotes), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the SecuritiesNotes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, Notes, the Securities Guarantees, the Security Documents or the Guarantees any intercreditor agreement may be waived with the consent of the Holders of a majority in of the then outstanding aggregate principal amount of the then outstanding Securities Notes (including Additional SecuritiesNotes, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securitiesany applicable series of Notes). Section 2.09 and Section 11.06 13.04 shall determine which Securities Notes are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security series of Notes affected, an amendment or waiver may not, with respect to any Securities Notes held by a non-consenting Holder:

Appears in 1 contract

Samples: Execution Version (Kronos Worldwide Inc)

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the Issuer, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture, the Securities or Securities, the Guarantees Guarantees, the Intercreditor Agreements and any Security Document 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 purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities Securities, the Security Documents, the Intercreditor Agreements or the Guarantees Guarantees, the Intercreditor Agreements and any other Security Document may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities), other than the Securities beneficially owned by the Issuer or any of its Subsidiaries. Section 2.09 and Section 11.06 12.04 shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:

Appears in 1 contract

Samples: Pledge and Security Agreement (Party City Holdco Inc.)

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With Consent of the Holders. Notwithstanding Section 9.01 of this IndentureIndenture and subject to Section 9.06, the Issuer, the Guarantors Guarantors, the Trustee and the Trustee Collateral Agent may amend or supplement this Indenture, the Securities or Notes, the Guarantees Guarantees, the Security Documents and any intercreditor agreement with the written consent of the Holders of at least a majority in principal amount of the Securities Notes then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the SecuritiesNotes), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the SecuritiesNotes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities or Notes, the Guarantees the Security Documents or any intercreditor agreement may be waived with the consent of the Holders of a majority in of the then outstanding aggregate principal amount of the then outstanding Securities Notes (including Additional SecuritiesNotes, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securitiesany applicable series of Notes). Section 2.09 and Section 11.06 13.04 shall determine which Securities Notes are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security series of Notes affected, an amendment or waiver may not, with respect to any Securities Notes held by a non-consenting Holder:

Appears in 1 contract

Samples: Supplemental Indenture (Kronos Worldwide Inc)

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the IssuerIssuers, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture, the Securities or Securities, the Guarantees Guarantees, the Intercreditor Agreements and any Security Document with the written consent of the Holders of at least a majority in principal amount of the Securities (including PIK Securities) then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest (including PIK Interest) on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities Securities, the Security Documents, the Intercreditor Agreements or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional PIK Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities). , other than the Securities beneficially owned by the Issuers or their Affiliates; Section 2.09 and Section 11.06 shall determine which Securities are considered to be “outstanding” for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:Section

Appears in 1 contract

Samples: Party City Holdco Inc.

With Consent of the Holders. Notwithstanding Section 9.01 of this Indenture, the IssuerIssuers, the Guarantors Guarantors, the Trustee and the Collateral Trustee may amend or supplement this Indenture, the Securities or Securities, the Guarantees Guarantees, the Intercreditor Agreements and any Security Document with the written consent of the Holders of at least a majority in principal amount of the Securities (including PIK Securities) then outstanding voting as a single class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities), and, subject to Sections 6.04 and 6.07, any past or existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest (including PIK Interest) on the Securities, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of this Indenture, the Securities Securities, the Security Documents, the Intercreditor Agreements or the Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Securities (including Additional PIK Securities, if any) voting as a single class (including consents obtained in connection with the purchase of, or tender offer or exchange offer for, the Securities). , other than the Securities beneficially owned by the Issuers or their Affiliates; Section 2.09 and Section 11.06 12.04 shall determine which Securities are considered to be "outstanding" for the purposes of this Section 9.02. However, without the consent of each Holder of an outstanding Security affected, an amendment or waiver may not, with respect to any Securities held by a non-consenting Holder:Section

Appears in 1 contract

Samples: Party City Holdco Inc.

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