Common use of Without Consent of Holder Clause in Contracts

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global Notes in addition to or in place of Certificated Notes (provided, however, that the Global Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global Notes in addition to or in place of Certificated Notes (provided, however, that the Global Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (e) add additional provide for any Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the IssuerCompany; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the IssuerCompany, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees Indenture or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor Company under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) evidence and provide for the acceptance of an appointment of a successor Trustee pursuant to the terms of this Indenture; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) provide for the issuance of Additional Notes permitted to be issued pursuant to this Indenture; (k) comply with the rules of any applicable securities depositary; (l) conform any provision the text of this Indenture or the Notes to any provision of such series the “Description of Notes” section in the Prospectus Supplement, dated April 29, 2019, relating to the provisions of the offering document relating to such series of Notes; or (jm) make convey, transfer, assign, mortgage or pledge as security for the Notes any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof603 of the Base Indenture, the Trustee and the Agents shall join with the Issuer and the Guarantors Company in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes (provided, however, that or to alter the Global Notes are issued in registered provisions of Article 2 or Exhibit A hereof relating to the form for purposes of Section 163(f) of the Code, or Notes (including the related definitions) in a manner such that does not materially adversely affect any Holder; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notes; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) remove a Guarantor which, in accordance with the terms of this Indenture, ceases to be liable in respect of its Guarantee; (i) conform any make appropriate provision in connection with the appointment of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notesa successor trustee; or (j) make conform the text of this Indenture, the Guarantees or the Notes to any other change provision of the “Description of Notes” contained in the final offering document relating to the original offering of the Notes to the extent that does not adversely affect such provision in the rights “Description of any Holder Notes” was intended to be a verbatim recitation of Notes a provision of such series in any material respectthis Indenture, the Guarantees or the Notes. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees Indenture or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor Company under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) evidence and provide for the acceptance of an appointment of a successor Trustee pursuant to the terms of this Indenture; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) provide for the issuance of Additional Notes permitted to be issued pursuant to this Indenture; (k) comply with the rules of any applicable securities depositary; (l) conform any provision the text of this Indenture or the Notes to any provision of such series the “Description of Notes” section in the Prospectus Supplement, dated November 4, 2021, relating to the provisions of the offering document relating to such series of Notes; or (jm) make convey, transfer, assign, mortgage or pledge as security for the Notes any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof603 of the Base Indenture, the Trustee and the Agents shall join with the Issuer and the Guarantors Company in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes or to alter the provisions of Article 2 or Exhibit A-1 or Exhibit A-2 hereof relating to the form of the Notes (provided, however, that including the Global Notes are issued in registered form for purposes of Section 163(frelated definitions) of the Code, or in a manner such that does not materially adversely affect any Holder; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notes; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) remove a Guarantor which, in accordance with the terms of the Indenture, ceases to be liable in respect of its Guarantee; (i) conform any make appropriate provision in connection with the appointment of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notesa successor trustee; or (j) make conform the text of this Indenture, the Guarantees or the Notes to any other change provision of the “Description of Notes” contained in the final offering document relating to the original offering of the Notes to the extent that does not adversely affect such provision in the rights of any Holder Description of Notes was intended to be a verbatim recitation of such series in any material respecta provision of this Indenture, the Guarantees or the Notes. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Escrow Agreement, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Note Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (gf) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and law; and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (hg) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (h) to establish the form or forms or terms of notes of any series as permitted under the provisions of the Indenture relating to the issuance of notes in series; (i) convey, transfer, assign, mortgage or pledge as security for the Notes any property or assets in accordance with Section 4.10; (j) conform any provision of this Indenture Indenture, the Notes or the Notes of such series Escrow Agreement to the provisions “Description of Notes” section of the offering document relating to such series of NotesOffering Memorandum; or (jk) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely It shall not be necessary for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture consent of the Holders of Notes under this Section 9.01 to approve the particular form of any other seriesproposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. A consent to any amendment or waiver under either this Indenture, the Notes, as applicable, any Notes Guarantee or the Escrow Agreement, by any Holder given in connection with a tender or exchange of such Holder’s Notes will not be rendered invalid by such tender or exchange. After an amendment, supplement or waiver under this Section 9.01 becomes effective, the Issuer shall deliver (by means of electronic transmission in accordance with the applicable procedures of DTC) to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Issuer to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes or to alter the provisions of Article 2 or Exhibit A hereof relating to the form of the Notes (provided, however, that including the Global Notes are issued in registered form for purposes of Section 163(frelated definitions) of the Code, or in a manner such that does not materially adversely affect any Holder; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notes; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) remove a Guarantor which, in accordance with the terms of the Indenture, ceases to be liable in respect of its Guarantee; (i) conform any make appropriate provision in connection with the appointment of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notesa successor trustee; or (j) make conform the text of the Indenture, the Guarantees or the Notes to any other change provision of the “Description of Notes” contained in the final offering document relating to the original offering of the Notes to the extent that does not adversely affect such provision in the rights of any Holder Description of Notes was intended to be a verbatim recitation of such series in any material respecta provision of the Indenture, the Guarantees or the Notes. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, defect, omission, defect mistake or inconsistency, as evidenced by an Officers’ Certificate; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes (provided, however, that or to alter the Global Notes are issued in registered provisions of Article 2 or Exhibit A hereof relating to the form for purposes of Section 163(f) of the Code, or Notes (including the related definitions) in a manner such that does not materially adversely affect any Holder, as evidenced by an Officers’ Certificate; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders by a successor to the Company or a Guarantor pursuant to Article 5 hereof; (d) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights hereunder of any Holder, as evidenced by an Officers’ Certificate; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) remove a Guarantor which, in accordance with the terms of this Indenture, ceases to be liable in respect of the Guarantee; (i) make appropriate provision in connection with the appointment of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) conform the text of this Indenture, the Guarantees or the Notes to any provision of this Indenture or the Notes “Description of such series to notes” contained in the provisions of the final offering document relating to the original offering of the Notes to the extent that such series provision was intended to be a verbatim recitation of Notesa provision of this Indenture, the Guarantees or the Notes as evidenced by an Officers’ Certificate; or (jk) make any other change that does not adversely affect secure the rights of any Holder of Notes of such series in any material respectand the Guarantees. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof602 of the Base Indenture, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, defect, omission, defect mistake or inconsistency, as evidenced by an Officers’ Certificate; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes (provided, however, that or to alter the Global Notes are issued in registered provisions of Article 2 or Exhibit A hereof relating to the form for purposes of Section 163(f) of the Code, or Notes (including the related definitions) in a manner such that does not materially adversely affect any Holder, as evidenced by an Officers’ Certificate; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders by a successor to the Company or a Guarantor pursuant to Article 5 hereof; (d) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights hereunder of any Holder, as evidenced by an Officers’ Certificate; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; provided that such supplemental indenture need only be executed by the Company, the Trustee and such additional Guarantor; (h) remove a Guarantor which, in accordance with the terms of this Indenture, ceases to be liable in respect of the Guarantee; (i) make appropriate provision in connection with the appointment of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) conform the text of this Indenture, the Guarantees or the Notes to any provision of this Indenture or the Notes “Description of such series to Notes” contained in the provisions of the final offering document relating to the original offering of the Notes to the extent that such series provision was intended to be a verbatim recitation of Notesa provision of this Indenture, the Guarantees or the Notes as evidenced by an Officers’ Certificate; or (jk) make any other change that does not adversely affect secure the rights of any Holder of Notes of such series in any material respectand the Guarantees. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof602 of the Base Indenture, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees Indenture or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor Company under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global Notes in addition to or in place of Certificated Notes (provided, however, that the Global Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (e) add additional provide for any Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the IssuerCompany; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (Ai) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (Bii) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; (j) modify any provisions of this Indenture, which modifications apply solely to series of Notes not outstanding on the date of such supplemental indenture; or (jk) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the IssuerCompany, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, or which modifies terms with respect only to future series of Notes, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other seriesseries and may be executed without the consent of such Holders of other series of Notes.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture, the Note Subsidiary Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Subsidiary Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) provide for the issuance of Exchange Notes; (i) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make convey, transfer, assign, mortgage or pledge as security for the Notes any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global uncertificated Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (f) make any change that does not adversely affect the rights of any Holder in any material respect; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) issue Exchange Notes pursuant to the Registration Rights Agreement; (j) convey, transfer, assign, mortgage or pledge as security for the Notes any property or assets in accordance with Section 4.10; or (k) conform any provision of this Indenture or the Notes of such series to the provisions “Description of notes” section of the offering document relating Offering Memorandum to the extent such series of Notes; or (j) make any other change that does not adversely affect the rights provision was intended to be a verbatim recital of any Holder of Notes of such series in any material respectprovision thereof. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 Without the consent of this Indentureany Holder, the Issuer, the Guarantors Parent, any Guarantor (with respect to any amendment relating to its Guarantee) and the Trustee Trustee, at any time and from time to time, may amend or supplement this Indenture, the Note Guarantees or Notes and any related Guarantee for any of the Notes of any series without the consent of any Holder of a Note of such series tofollowing purposes: (a) to cure any ambiguity, omission, mistake, defect or inconsistency; (b) to provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes certificated Notes; (provided, however, that c) to comply with Article 5 hereof; (d) to provide for the Global Notes are issued in registered form for purposes of Section 163(f) assumption of the Code, Issuer’s or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code)any Guarantor’s obligations to Holders; (e) add to make any change that would provide any additional Guarantees with respect rights or benefits to the Notes Holders or to confirm and evidence that does not materially adversely affect the release, termination or discharge legal rights under this Indenture of any Guarantee when such release, termination or discharge is permitted under this IndentureHolder; (f) to secure the Notes or to add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company Issuer or the Issuerany Guarantor; (g) make to evidence and provide for the acceptance and appointment under this Indenture of a successor Trustee pursuant to the requirements of Sections 7.08 and 7.09 hereof; (h) to provide for the issuance of Additional Notes, in accordance with this Indenture; (i) to add a Guarantor or a parent guarantor under this Indenture, provided that only the Issuer, Parent, the Trustee and the Guarantor or parent guarantor being added need to sign any amendment such supplement or amendment, or release a Guarantor in accordance with the terms of this Indenture; (j) to conform the text of this Indenture, Guarantees or the Notes to any provision of the “Description of the Notes” section of the Offering Memorandum; or (k) to amend the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes as permitted by this Indenture, including without limitation, to facilitate the issuance and administration of such seriesthe Notes; provided, however, that that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and law; and (B) such amendment does not materially and adversely affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely It shall not be necessary for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture consent of the Holders of Notes under this Section 9.01 to approve the particular form of any other seriesproposed amendment or waiver, but it shall be sufficient if such consent approves the substance thereof. A consent to any amendment or waiver under either this Indenture, the Notes, as applicable, or any Guarantee, by any Holder given in connection with a tender or exchange of such Holder’s Notes will not be rendered invalid by such tender or exchange. After an amendment, supplement or waiver under this Section 9.01 becomes effective, the Issuer shall deliver (by means of electronic transmission in accordance with the applicable procedures of DTC) to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Issuer to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such amended or supplemental indenture or waiver.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global Notes in addition to or in place of Certificated Notes (provided, however, that the Global Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; (j) modify any provisions of this Indenture, which modifications apply solely to series of Notes not outstanding on the date of such supplemental indenture; or (jk) make any other change that does not adversely affect the rights of any Holder of Notes of such series in any material respect. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, or which modifies terms with respect only to future series of Notes, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other seriesseries and may be executed without the consent of such Holders of other series of Notes.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Subsidiary Guarantors (if any) and the Trustee may amend or supplement this Indenture, the Note Subsidiary Guarantees (if any) or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Subsidiary Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) evidence and provide for the acceptance of an appointment of a successor Trustee pursuant to the terms of this Indenture; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) provide for the issuance of Additional Notes permitted to be issued pursuant to this Indenture; (k) comply with the rules of any applicable securities depositary; (l) conform any provision the text of this Indenture or the Notes to any provision of such series the “Description of Notes” section in the Prospectus Supplement, dated August 14, 2017, relating to the provisions of the offering document relating to such series of Notes; or (jm) make convey, transfer, assign, mortgage or pledge as security for the Notes any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof603 of the Base Indenture, the Trustee and the Agents shall join with the Issuer Company and the Subsidiary Guarantors (if any) in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture, the Note Subsidiary Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Subsidiary Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) evidence and provide for the acceptance of an appointment of a successor Trustee pursuant to the terms of this Indenture; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) provide for the issuance of Additional Notes permitted to be issued pursuant to this Indenture; (k) comply with the rules of any applicable securities depositary; (l) conform the text of this Indenture, the Notes or the Subsidiary Guarantees to any provision of this Indenture or the Notes “Description of such series Notes” section in the Prospectus Supplement, dated November 18, 2014, relating to the provisions of the offering document relating to such series of Notes; or (jm) make convey, transfer, assign, mortgage or pledge as security for the Notes any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes or to alter the provisions of Article 2 or Exhibit A hereof relating to the form of the Notes (provided, however, that including the Global Notes are issued in registered form for purposes of Section 163(frelated definitions) of the Code, or in a manner such that does not materially adversely affect any Holder; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders of the Notes by a successor to the Company or a Guarantor pursuant to Article 5 or Article 11 hereof; (d) make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights hereunder of any Holder of the Notes; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; (h) remove a Guarantor which, in accordance with the terms of the Indenture, ceases to be liable in respect of its Guarantee; (i) conform any make appropriate provision in connection with the appointment of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notesa successor trustee; or (j) make conform the text of this Indenture, the Guarantees or the Notes to any other change provision of the “Description of Notes” contained in the final offering document relating to the original offering of the Notes to the extent that does not adversely affect such provision in the rights of any Holder Description of Notes was intended to be a verbatim recitation of such series in any material respecta provision of this Indenture, the Guarantees or the Notes. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof602 of the Base Indenture, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Subsidiary Guarantors and the Trustee may amend or supplement this Indenture, the Note Subsidiary Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any Subsidiary Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, however¸ that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesNotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA;; or (i) conform any provision of this Indenture convey, transfer, assign, mortgage or pledge as security for the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series property or assets in any material respectaccordance with Section 4.05. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 Without the consent of this Indentureany Holder, the Issuer, any Guarantor (with respect to any amendment relating to its Guarantee), the Guarantors Trustee and the Trustee Notes Collateral Agent (with respect to the Notes Collateral Documents), at any time and from time to time, may amend or supplement this Indenture, the Note Guarantees or Notes, any related Guarantee and the Notes Collateral Documents, in each case, for any of any series without the consent of any Holder of a Note of such series tofollowing purposes: (a) to cure any ambiguity, omission, mistake, defect or inconsistencyinconsistency or make such other provisions in regard to matters or questions arising under this Indenture as the Issuer may deem necessary or desirable and that would provide additional rights or benefits to the Holders, in each case as determined by the Issuer in good faith and certified in an Officer’s Certificate to the Trustee; (b) to provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes (certificated Notes; provided, however, that the Global such uncertificated Notes are issued in registered form for purposes of Section 163(f) Internal Revenue Code of 1986, as amended; (c) to comply with Article V; (d) to provide for the assumption of the Code, Issuer’s or in a manner such that the Global Notes are described in Section 163(f)(2)(B) of the Code)any Guarantor’s obligations to Holders; (e) add to make any change that would provide any additional Guarantees with respect rights or benefits to the Holders (including the addition of collateral to secure the Notes and/or additional Guarantees) or to confirm and evidence that does not materially adversely affect the release, termination or discharge legal rights under this Indenture of any Guarantee when such release, termination or discharge is permitted under this Indenture;Holder, (f) to add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company Issuer or the Issuerany Guarantor; (g) make to evidence and provide for the acceptance and appointment under this Indenture or the Notes Collateral Documents, as applicable, of (i) a successor Trustee, pursuant to the requirements of Sections 7.08 and 7.09 or (ii) a successor Notes Collateral Agent pursuant to the requirements of Section 13.05 and the applicable Notes Collateral Documents; (h) to provide for the issuance of Additional Notes, in accordance with this Indenture; (i) to add a Guarantor or a parent guarantor under this Indenture; provided that only the Issuer, the Trustee and the Guarantor or parent guarantor being added need to sign any amendment such supplement or amendment, or release a Guarantor in accordance with the terms of this Indenture; (j) to conform the text of this Indenture, Guarantees, the Notes or the Notes Collateral Documents to any provision of the “Description of Notes” section of the Offering Memorandum; or (k) to amend the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes as permitted by this Indenture, including without limitation, to facilitate the issuance and administration of such seriesthe Notes; provided, however, that that: (Ai) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and law; and (Bii) such amendment does not materially and adversely affect the rights of Holders to transfer such Notes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA; (i) conform any provision of this Indenture or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (jl) make to add additional assets as Collateral or to release any Collateral from the Liens securing the Notes or to subordinate such Lien (or conform the subordination of such Lien), in each case pursuant to the terms of this Indenture and the Notes Collateral Documents, as and when permitted or required by this Indenture and the Notes Collateral Documents. In addition, (i) the intercreditor provisions of the Notes Collateral Documents and any other change that does not adversely affect applicable Intercreditor Agreement may be amended, waived or otherwise modified from time to time with the rights consent of the parties thereto and (ii) the Issuer may, without the consent of any Holder other party thereto, amend the Notes Collateral Documents and any other applicable Intercreditor Agreement to provide for the accession or succession of any parties in connection with an amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplementing or other modification from time to time of the Senior Secured Term Loan, other Credit Facilities, the Notes, any Other First Priority Obligations, any Other Second Priority Obligations, the Convertible Notes or any other Indebtedness that, in each case, is secured by the Collateral (and is permitted to be incurred and so secured under this Indenture) with a Lien priority that is senior, equal or junior to the First Priority Obligations as specified in such amendment (to the extent such priority is permitted under this Indenture). The Trustee shall enter into any of the foregoing arrangements upon written request of the Issuer, provided that the Issuer shall have delivered to the Trustee an Officer’s Certificate certifying that the applicable secured obligations to be subject to such series Intercreditor Agreement or collateral trust agreement are permitted under this Indenture to be so secured by the Collateral with the Lien priority so designated by the Issuer. Each Holder, by its acceptance of the Notes, shall be deemed to have consented and agreed to the terms of each Notes Collateral Document, as originally in any material respecteffect and as amended, supplemented or replaced from time to time in accordance with its terms or the terms of this Indenture; and authorizes, directs and empowers the Trustee and the Notes Collateral Agent (including through the Intercreditor Agreements) to bind the Holders of the Notes as set forth in the applicable Notes Collateral Documents to which they are a party and to perform its obligations and exercise its rights and powers thereunder. Upon the request of the Issuer, and upon receipt by the Trustee of the documents described in Section 9.05 hereof, the Trustee and the Agents shall join with the Issuer and the Guarantors in the execution of any amended or supplemental indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall be obligated to enter into such amended or supplemental indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture After an amendment, supplement or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights waiver under this Indenture Section 9.01 becomes effective, the Issuer shall deliver (by means of electronic transmission in accordance with the applicable procedures of DTC) to the Holders of Notes affected thereby a notice briefly describing the amendment, supplement or waiver. Any failure of the Issuer to mail such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any other seriessuch amended or supplemental indenture or waiver.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the IssuerCompany, the Guarantors and the Trustee Trustee, without the consent of any Holder, may amend or supplement this Indenture, the Note Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, defect, omission, defect mistake or inconsistency, as evidenced by an Officers’ Certificate; (b) provide for the assumption by a successor entity of the obligations of the Issuer or any Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated Notes (provided, however, that or to alter the Global Notes are issued in registered provisions of Article 2 or Exhibit A hereof relating to the form for purposes of Section 163(f) of the Code, or Notes (including the related definitions) in a manner such that does not materially adversely affect any Holder, as evidenced by an Officers’ Certificate; (c) provide for the Global Notes are described in Section 163(f)(2)(B) assumption of the Code)Company’s or a Guarantor’s obligations to the Holders by a successor to the Company or a Guarantor pursuant to Article 5 hereof; (d) make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights hereunder of any Holder, as evidenced by an Officers’ Certificate; (e) add additional Guarantees with respect to the Notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (f) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series or to surrender any right or power conferred upon the Company or the Issuer; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such series; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notes; (h) comply with any requirement requirements of the SEC in connection with order to effect or maintain the qualification of this Indenture under the TIA; (f) provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture; (g) allow any Guarantor to execute a supplemental indenture and/or a Guarantee with respect to the Notes; provided that such supplemental indenture need only be executed by the Company, the Trustee and such additional Guarantor; (h) remove a Guarantor which, in accordance with the terms of this Indenture, ceases to be liable in respect of the Guarantee; (i) make appropriate provision in connection with the appointment of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture; (j) conform the text of this Indenture, the Guarantees or the Notes to any provision of this Indenture or the Notes “Description of such series to Notes” contained in the provisions of the final offering document relating to the original offering of the Notes to the extent that such series provision was intended to be a verbatim recitation of Notesa provision of this Indenture, the Guarantees or the Notes as evidenced by an Officers’ Certificate; or (jk) make any other change that does not adversely affect secure the rights of any Holder of Notes of such series in any material respectand the Guarantees. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 hereof602 of the Base Indenture, the Trustee and the Agents shall join with the Issuer Company and the Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.

Without Consent of Holder. Notwithstanding Section 9.02 of this Indenture, the Issuer, the Guarantors Company and the Trustee may amend or supplement this Indenture, the Note Subsidiary Guarantees or the Notes of any series without the consent of any Holder of a Note of such series to: (a) cure any ambiguity, omission, defect or inconsistency; (b) provide for the assumption by a successor entity of the obligations of the Issuer Company or any a Subsidiary Guarantor under this Indenture; (c) to establish the form or forms or terms of Notes of any series as permitted by Section 2.03 hereof; (d) provide for Global uncertificated Notes in addition to or in place of Certificated certificated Notes (provided, however, that the Global uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the Global uncertificated Notes are described in Section 163(f)(2)(B) of the Code); (ed) add additional Guarantees with respect to the Notes notes or to confirm and evidence the release, termination or discharge of any Guarantee when such release, termination or discharge is permitted under this Indenture; (fe) add to the covenants of the Company or the Issuer for the benefit of the Holders of Notes of such series notes or to surrender any right or power conferred upon the Company or Company; (f) make any change that does not adversely affect the Issuerrights of any Holder in any material respect, subject to the provisions of this Indenture; (g) make any amendment to the provisions of this Indenture relating to the form, authentication, transfer and legending of Notes of such seriesnotes; provided, however, that (A) compliance with this Indenture as so amended would not result in such Notes notes being transferred in violation of the Securities Act or any other applicable securities law and (B) such amendment does not materially affect the rights of Holders to transfer such Notesnotes; (h) comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA;; or (i) conform convey, transfer, assign, mortgage or pledge as security for the notes any provision of this Indenture property or the Notes of such series to the provisions of the offering document relating to such series of Notes; or (j) make any other change that does not adversely affect the rights of any Holder of Notes of such series assets in any material respectaccordance with Section 4.10. Upon the request of the IssuerCompany accompanied by a resolution of its Board of Directors authorizing the execution of any such amended or supplemental Indenture, and upon receipt by the Trustee of the documents described in Section 9.05 7.02 hereof, the Trustee and the Agents shall join with the Issuer Company and the Subsidiary Guarantors in the execution of any amended or supplemental indenture Indenture authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Agents shall not be obligated to enter into such amended or supplemental indenture Indenture that affects its own rights, duties or immunities under this Indenture or otherwise. A supplemental indenture or Officer’s Certificate which changes or eliminates any covenant or any provision of this Indenture which has been expressly included solely for the benefit of one or more particular series of Notes, or which modifies the rights of Holders of Notes of such series with respect to such covenant or provision, shall be deemed not to affect the rights under this Indenture of the Holders of Notes of any other series.