Common use of Without Consent of Debentureholders Clause in Contracts

Without Consent of Debentureholders. The Company and the Trustee may from time to time and at any time amend this Indenture, without the consent of the Debentureholders, for one or more of the following purposes: (a) to evidence the succession of another Person to the Company, or successive successions, and the assumption by the successor Person of the covenants, agreements and obligations of the Company pursuant to Article X hereof; (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Debentureholders of all or any series of Debentures as the Board of Directors and the Trustee shall consider to be for the protection of the Debentureholders of such series, and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions a Default or an Event of Default permitting the enforcement of all or any of the remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction or condition such amendment may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default; (c) to provide for the issuance under this Indenture of Debentures in coupon form (including Debentures registrable as to principal only) and to provide for exchangeability of such Debentures with the Debentures issued hereunder in fully registered form and to make all appropriate changes for such purpose; (d) to (i) cure any ambiguity; (ii) or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; or (iii) to make such other provisions in regard to matters or questions arising under this Indenture, provided that any such action shall not materially adversely affect the interests of the holders of Debentures of a series affected thereby; (e) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any series; and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trustee; (f) to make provision for transfer procedures, certification, book-entry provisions, the form of restricted Debentures legends, if any, to be placed on Debentures, and all other matters required pursuant to Section 2.06 or otherwise necessary, desirable or appropriate in connection with the issuance of Debentures of a series to holders of Preferred Securities of a Trust in the event of a distribution of Debentures by such Trust following a Dissolution Event, provided that any such action shall not materially adversely affect the interests of the holders of such Debentures; (g) to qualify or maintain qualification of this Indenture under the Trust Indenture Act; (h) to make any change that does not adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon the Company; or (j) to add any Events of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture); (k) to establish the form or terms of Debentures of any series as permitted by Section 2.01 or, in lieu of any such supplemental indenture, the Company may provide the Trustee with an Officers' Certificate with respect to the form or terms of such Debentures; or (l) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Debentures provided that any such action shall not adversely affect the interests of any Holder of a Debenture of such series or any other Debenture in any material respect. The Trustee is hereby authorized to join with the Company in the execution of any supplemental indenture to effect such amendment, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereunder, but the Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any amendment to this Indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Debentures at the time outstanding, notwithstanding any of the provisions of Section 9.02.

Without Consent of Debentureholders. The Company Corporation and the Debenture Trustee may from time to time and at any time amend this the Indenture, without the consent of the Debentureholders, for one or more of the following purposes: (a) to evidence the succession of another Person to the CompanyCorporation, or successive successions, and the assumption by the successor Person of the covenants, agreements and obligations of the Company Corporation pursuant to Article X hereof; (b) to add to the covenants of the Company Corporation such further covenants, restrictions or conditions for the protection of the Debentureholders of all or any series of Debentures as the Board of Directors and the Debenture Trustee shall consider to be for the protection of the Debentureholders of such seriesDebentureholders, and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions a Default default or an a Debenture Event of Default permitting the enforcement of all or any of the remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction or condition such amendment may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Debenture Trustee upon such default; (c) to provide for the issuance under this Indenture of Junior Subordinated Debentures in coupon form (including Junior Subordinated Debentures registrable as to principal only) and to provide for exchangeability of such Junior Subordinated Debentures with the Junior Subordinated Debentures issued hereunder in fully registered form and to make all appropriate changes for such purpose; (d) to (i) cure any ambiguity; (ii) ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; , or (iii) to make such other provisions in regard to matters or questions arising under this Indenture, ; provided that any such action shall not materially adversely affect the interests of the holders of Debentures of a series affected therebythe Junior Subordinated Debentures; (e) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any series; and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trusteeJunior Subordinated Debentures; (f) to make provision for transfer procedures, certification, book-entry provisions, the form of restricted Debentures securities legends, if any, to be placed on Junior Subordinated Debentures, and all other matters required pursuant to Section 2.06 2.07 or otherwise necessary, desirable or appropriate in connection with the issuance of Junior Subordinated Debentures of a series to holders of Preferred Capital Securities of a Trust in the event of a distribution of Junior Subordinated Debentures by such the Trust following a Dissolution Event, ; provided that any such action shall not materially adversely affect the interests of the holders of such the Junior Subordinated Debentures; (g) to qualify or maintain qualification of this Indenture under the Trust Indenture Act;; or (h) to make any change that does not adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon the Company; or (j) to add any Events of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture); (k) to establish the form or terms of Debentures of any series as permitted by Section 2.01 or, in lieu of any such supplemental indenture, the Company may provide the Trustee with an Officers' Certificate with respect to the form or terms of such Debentures; or (l) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Debentures provided that any such action shall not adversely affect the interests of any Holder of a Debenture of such series or any other Debenture Debentureholder in any material respect. The Debenture Trustee is hereby authorized to join with the Company Corporation in the execution of any supplemental indenture to effect such amendment, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereunder, but the Debenture Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Debenture Trustee's own rights, duties or immunities under this Indenture or otherwise. Any amendment to this the Indenture authorized by the provisions of this Section 9.01 may be executed by the Company Corporation and the Debenture Trustee without the consent of the holders of any of the Junior Subordinated Debentures at the time outstanding, notwithstanding any of the provisions of Section 9.02.

Without Consent of Debentureholders. The Company Company, when authorized by a Board Resolution, and the Trustee may from time to time and at any time amend this the Indenture, without the consent of the Debentureholders, for one or more of the following purposes: (a) to evidence the succession of another Person corporation to the Company, or successive successions, and the assumption by the successor Person corporation of the covenants, agreements and obligations of the Company pursuant to Article X hereofX; (b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Debentureholders of all or any series of Debentures as the Board of Directors and the Trustee shall consider to be for the protection of the Debentureholders of such seriesDebentureholders, and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions a Default default or an Event of Default permitting the enforcement of all or any of the remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction or condition condition, such amendment may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default; (c) to provide for the issuance under this Indenture of Debentures in coupon form (including Debentures registrable as to principal only) and to provide for exchangeability of such Debentures with the Debentures issued hereunder in fully registered form and to make all appropriate changes for such purpose; (d) to (i) cure any ambiguity; (ii) ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; indenture or (iii) to make such other provisions in regard to matters or questions arising under this Indenture, ; provided that any such action shall not not, as evidenced by an Opinion of Counsel, materially adversely affect the interests of the holders of Debentures of a series affected therebythe Debentures; (ed) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any series; and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trusteeDebentures; (fe) to make provision for transfer procedures, certification, book-entry provisions, the form of restricted Debentures securities legends, if any, to be placed on Debentures, minimum denominations and all other matters required pursuant to Section 2.06 2.7 or otherwise necessary, desirable or appropriate in connection with the issuance of Debentures of a series to holders of Preferred Capital Securities of a Trust in the event of a distribution of Debentures by such MMI Trust following a Dissolution Event, provided that any such action shall not materially adversely affect the interests of the holders of such Debentures; (gf) to qualify or maintain qualification of this Indenture under the Trust Indenture Act;; or (hg) to make any change that does not not, as evidenced by an Opinion of Counsel, adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon the Company; or (j) to add any Events of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture); (k) to establish the form or terms of Debentures of any series as permitted by Section 2.01 or, in lieu of any such supplemental indenture, the Company may provide the Trustee with an Officers' Certificate with respect to the form or terms of such Debentures; or (l) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Debentures provided that any such action shall not adversely affect the interests of any Holder of a Debenture of such series or any other Debenture Debentureholder in any material respect. The Trustee is hereby authorized to join with the Company in the execution of any supplemental indenture to effect such amendment, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereunder, but the Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any amendment to this the Indenture authorized by the provisions of this Section 9.01 9.1 may be executed by the Company and the Trustee without the consent of the holders of any of the Debentures at the time outstanding, notwithstanding any of the provisions of Section 9.029.2.

Without Consent of Debentureholders. The In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time amend this Indentureenter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Debentureholders, for one or more of the following purposes: (a) to evidence the succession of another Person corporation or other entity to the Company, or successive successions, and the assumption by the any such successor Person of the covenants, agreements and obligations of the Company pursuant contained herein or otherwise established with respect to Article X hereofthe Debentures; (b) to add to the covenants of the Company such further covenants, restrictions restrictions, conditions or conditions provisions for the protection of the Debentureholders holders of the Debentures of all or any series of Debentures as the Board of Directors and the Trustee shall consider to be for the protection of the Debentureholders holders of such Debentures of all or any series, and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions restrictions, conditions or conditions provisions a Default default or an Event of Default with respect to such series permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction restriction, condition or condition provision such amendment supplemental indenture may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default or may limit the right of the holders of a majority in aggregate principal amount of the Debentures of such series to waive such default; (c) to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture as shall not be inconsistent with the provisions of this Indenture and shall not materially adversely affect the interests of the holders of the Debentures of any series; (d) to provide for the issuance under this Indenture of Debentures in coupon form (including Debentures registrable as to principal only) and to provide for exchangeability of such Debentures with the Debentures issued hereunder in fully registered form and to make all appropriate changes for such purpose; (d) to (i) cure any ambiguity; (ii) or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; or (iii) to make such other provisions in regard to matters or questions arising under this Indenture, provided that any such action shall not materially adversely affect the interests of the holders of Debentures of a series affected therebypurposes; (e) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any series; one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trusteeTrustee; (f) to make provision for transfer procedures, certification, book-entry provisions, the form of restricted Debentures legends, if any, to be placed on Debentures, and all other matters required pursuant to Section 2.06 or otherwise necessary, desirable or appropriate in connection with the issuance of Debentures of a series to holders of Preferred Securities of a Trust in the event of a distribution of Debentures by such Trust following a Dissolution Event, provided that any such action shall not materially adversely affect the interests of the holders of such Debentures; (g) to qualify or maintain qualification of this Indenture under the Trust Indenture Act; (h) to make any change that does not adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon the Company; or (j) to add any Events of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture); (kg) to establish the form or terms of Debentures of any series as permitted by Section 2.01 or, in lieu of any such supplemental indenture, the Company may provide the Trustee with an Officers' Certificate with respect to the form or terms of such Debentures2.01; or (lh) to supplement make any addition, change or elimination of the provisions any provision of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Debentures provided that any such action shall does not adversely affect the interests rights of any Holder of a Debenture of such series or any other Debenture Debentureholder in any material respect. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture to effect such amendmentindenture, and to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereundercontained, but the Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any amendment to this Indenture supplemental indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Debentures at the time outstandingOutstanding, notwithstanding any of the provisions of Section 9.02.

Without Consent of Debentureholders. Solely with respect to the Debentures, Section 10.1 of the Original Indenture shall be amended and restated in its entirety by inserting the following in lieu thereof: “The Company and the Trustee may from time to time and at any time amend this Indenture, First Supplemental Indenture or the Debentures without the notice to or consent of the Debentureholdersholder of any Debentures to, for one or more of the following purposesamong other things: (a) to evidence provide for conversion rights of holders of the succession of another Person to Debentures and the Company’s repurchase obligations in connection with a Fundamental Change in the event of any reclassification of the Common Stock, merger or consolidation, or successive successionssale, conveyance, transfer or lease of its property and the assumption by the successor Person of the covenants, agreements and obligations of the Company pursuant to Article X hereofassets substantially as an entirety; (b) provide for the assumption of the Company’s obligations to the holders of the Debentures in the event of a merger or consolidation, or sale, conveyance, transfer or lease of the Company’s property and assets substantially as an entirety; (c) surrender any right or power conferred upon the Company; (d) add to the covenants of the Company such further covenants, restrictions or conditions for the protection benefit of the Debentureholders of all or any series of Debentures as the Board of Directors and the Trustee shall consider to be for the protection holders of the Debentureholders of such seriesDebentures, and to make the occurrence, including adding one or the occurrence and continuance, of a default more additional put rights in any of such additional covenants, restrictions or conditions a Default or an Event of Default permitting the enforcement of all or any favor of the remedies provided in this Indenture as herein set forth; provided, however, that in respect holders of any such additional covenant, restriction or condition such amendment may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such defaultDebentures; (c) to provide for the issuance under this Indenture of Debentures in coupon form (including Debentures registrable as to principal only) and to provide for exchangeability of such Debentures with the Debentures issued hereunder in fully registered form and to make all appropriate changes for such purpose; (d) to (ie) cure any ambiguity; (ii) , omission or to correct or supplement any provision contained herein or in any supplemental indenture provisions of this First Supplemental Indenture which may be defective or otherwise inconsistent with any other provision contained herein or in of this First Supplemental Indenture; (f) make any supplemental indenture; or (iii) to make such other provisions in regard provision with respect to matters or questions arising under this First Supplemental Indenture that the Company may deem necessary or desirable and that shall not be inconsistent with provisions of this First Supplemental Indenture, ; provided that any such action shall change or modification does not materially adversely affect the interests of the holders of the Debentures of a series affected therebyin any material respect; (eg) to evidence and provide for increase the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any seriesConversion Rate; and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trustee; (f) to make provision for transfer procedures, certification, book-entry provisions, the form of restricted Debentures legends, if any, to be placed on Debentures, and all other matters required pursuant to Section 2.06 or otherwise necessary, desirable or appropriate in connection with the issuance of Debentures of a series to holders of Preferred Securities of a Trust in the event of a distribution of Debentures by such Trust following a Dissolution Event, provided that any such action shall the increase will not materially adversely affect the interests of the holders of such the Debentures; (gh) comply with the requirements of the SEC in order to qualify effect or maintain the qualification of this First Supplemental Indenture under the Trust Indenture Act; (h) to make any change that does not adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon secure the Company; orDebentures; (j) to add any Events guarantees of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture);obligations under the Debentures; and (k) to establish the form or terms of Debentures of any series as permitted by provide for a successor Trustee. After an amendment under this Section 2.01 or, in lieu of any such supplemental indenturebecomes effective, the Company may provide the Trustee with an Officers' Certificate with respect shall mail to the form or terms of such Debentures; or (l) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series holders of Debentures provided that a notice briefly describing such amendment. The failure to give such notice to all holders of Debentures, or any such action defect therein, shall not adversely impair or affect the interests validity of any Holder of a Debenture of such series or any other Debenture in any material respect. The Trustee is hereby authorized to join with the Company in the execution of any supplemental indenture to effect such amendment, to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereunder, but the Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities an amendment under this Indenture or otherwise. Any amendment to this Indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Debentures at the time outstanding, notwithstanding any of the provisions of Section 9.029.01.”

Without Consent of Debentureholders. The In addition to any supplemental indenture otherwise authorized by this Indenture, the Company and the Trustee may from time to time and at any time amend this Indentureenter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect), without the consent of the Debentureholders, for one or more of the following purposes: (a) to evidence the succession of another Person corporation or other entity to the Company, or successive successions, and the assumption by the any such successor Person of the covenants, agreements and obligations of the Company pursuant contained herein or otherwise established with respect to Article X hereofthe Debentures; (b) to add to the covenants of the Company such further covenants, restrictions restrictions, conditions or conditions provisions for the protection of the Debentureholders holders of the Debentures of all or any series of Debentures as the Board of Directors and the Trustee shall consider to be for the protection of the Debentureholders holders of such Debentures of all or any series, and to make the occurrence, or the occurrence and continuance, of a default Default in any of such additional covenants, restrictions restrictions, conditions or conditions provisions a Default or an Event of Default with respect to such series permitting the enforcement of all or any of the several remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction restriction, condition or condition provision such amendment supplemental indenture may provide for a particular period of grace after default Default (which period may be shorter or longer than that allowed in the case of other defaultsDefaults) or may provide for an immediate enforcement upon such default Default or may limit the remedies available to the Trustee upon such defaultDefault or may limit the right of the holders of a majority in aggregate principal amount of the Debentures of such series to waive such Default; (c) to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture as shall not be inconsistent with the provisions of this Indenture and shall not materially adversely affect the interests of the holders of the Debentures of any series; (d) to add to, change or eliminate any of the provisions of this Indenture, provided that any such addition, change or elimination shall become effective only when there is no Debenture Outstanding of any series created prior to the execution of such supplemental indenture which is entitled to the benefit of such provision; (e) to provide for the issuance under this Indenture of Debentures in coupon form (including Debentures registrable as to principal only) and to provide for exchangeability of such Debentures with the Debentures issued hereunder in fully registered form and to make all appropriate changes for such purposepurposes; (d) to (i) cure any ambiguity; (ii) or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture; or (iii) to make such other provisions in regard to matters or questions arising under this Indenture, provided that any such action shall not materially adversely affect the interests of the holders of Debentures of a series affected thereby; (ef) to evidence and provide for the acceptance of appointment hereunder by a successor trustee with respect to the Debentures of any series; one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or to facilitate the administration of the trusts hereunder by more than one trustee; (f) to make provision for transfer proceduresTrustee, certification, book-entry provisions, the form of restricted Debentures legends, if any, to be placed on Debentures, and all other matters required pursuant to Section 2.06 or otherwise necessary, desirable or appropriate in connection with the issuance requirements of Debentures of a series to holders of Preferred Securities of a Trust in the event of a distribution of Debentures by such Trust following a Dissolution Event, provided that any such action shall not materially adversely affect the interests of the holders of such DebenturesSections 7.10 and 7.11; (g) to qualify or maintain qualification of this Indenture under the Trust Indenture Act; (h) to make any change that does not adversely affect the rights of any Holder of an outstanding Debenture in any material respect; (i) surrender any right or power herein conferred upon the Company; or (j) to add any Events of Default with respect to all or any series of Debenture (as shall be specified in such supplemental indenture); (k) to establish the form or terms of Debentures of any series as permitted by Section 2.01 or, in lieu of any such supplemental indenture, the Company may provide the Trustee with an Officers' Certificate with respect to the form or terms of such Debentures2.01; or (li) to supplement make any addition, change or elimination of the provisions any provision of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Debentures provided that any such action shall does not adversely affect the interests rights of any Holder of a Debenture of such series or any other Debenture Debentureholder in any material respect. The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture to effect such amendmentindenture, and to make any further appropriate agreements and stipulations which may be therein contained and to accept the conveyance, transfer and assignment of any property thereundercontained, but the Trustee shall not be obligated to, but may in its discretion, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Any amendment to this Indenture supplemental indenture authorized by the provisions of this Section 9.01 may be executed by the Company and the Trustee without the consent of the holders of any of the Debentures at the time outstandingOutstanding, notwithstanding any of the provisions of Section 9.02.