Common use of Without Consent of Holders of the Notes Clause in Contracts

Without Consent of Holders of the Notes. Notwithstanding Section 9.2, without the consent of any Holders, the Company, the Guarantors, if any, and the Trustee, at any time and from time to time, may amend or supplement this Indenture, the Notes or the Guarantees for any of the following purposes: (1) to cure any ambiguity, mistake, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure the Notes; (6) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amended; (7) to add a Guarantee of the Notes; (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular.

Without Consent of Holders of the Notes. Notwithstanding Section 9.2, without the consent of any Holders, the Company, the Guarantors, if any, and the Trustee, at any time and from time to time, may amend or supplement this Indenture, the Notes or the Guarantees for any of the following purposes: (1) to cure any ambiguity, mistake, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure the Notes; (6) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amended[reserved]; (7) to add a Guarantee of the Notes; (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular.

Without Consent of Holders of the Notes. Notwithstanding Section 9.28.2 of this Third Supplemental Indenture, without the consent of any Holders, the Company, the Guarantors, if any, Company and the Trustee, at any time and from time to time, may amend enter into one or supplement this Indenture, more indentures supplemental to the Notes or the Guarantees Indenture for any of the following purposes:purposes with respect to the Notes (and only with respect to the Notes): (1) to cure evidence the succession of another Person to the Company and the assumption by any ambiguity, mistake, defect or inconsistencysuch successor of the covenants of the Company in the Indenture and the Notes; (2) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Company; (3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of the certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure evidence and provide for the Notesacceptance of appointment under the Indenture by a successor Trustee; (6) to comply provide for or confirm the issuance of additional debt securities in accordance with requirements the terms of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amendedIndenture; (7) to add a Guarantee of guarantor or to release a guarantor in accordance with the NotesIndenture; (8) to release a Guarantor upon its sale cure any ambiguity, defect, omission, mistake or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; orinconsistency; (9) to make any other provisions with respect to matters or questions arising under the Indenture; provided, however, that such actions pursuant to this clause (9) shall not adversely affect the interests of the Holders of the Notes in any material respect, as determined in good faith by the Board of Directors of the Company; (10) to conform the text of this Indenture, Third Supplemental Indenture or the Notes or Guarantees to any provision of the “Description of Notes” in the Offering CircularProspectus Supplement to the extent that the Trustee has received an Officers’ Certificate stating that such text constitutes an unintended conflict with the description of the corresponding provision in said “Description of Notes”; or (11) to effect or maintain the qualification of the Indenture under the TIA.

Without Consent of Holders of the Notes. Notwithstanding Section 9.29.2 of this Indenture, without the consent of any Holders, the CompanyIssuer, the Guarantors, if any, the Collateral Agent and the TrusteeTrustee (as applicable), at any time and from time to time, may amend enter into one or supplement more indentures supplemental to this Indenture, the Notes Guarantees, the Intercreditor Agreements or the Guarantees other Security Documents for any of the following purposes: (1) to cure evidence the succession of another Person to the Company or any ambiguityGuarantor and the assumption by any such successor of the covenants of the Company or such Guarantor in this Indenture, mistakethe Guarantees, defect or inconsistencythe Security Documents and the Notes; (2) to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of certificated the Certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure evidence and provide for the Notes; (6) to comply with requirements acceptance of the Commission in order to effect or maintain the qualification of appointment under this Indenture under and the TIA, as amendedSecurity Documents by a successor Trustee or Collateral Agent; (7) to add a Guarantee of the Notes; (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular.

Without Consent of Holders of the Notes. Notwithstanding Section 9.2, without the consent of any Holders, the Company, the Guarantors, if any, Guarantors and the Trustee, at any time and from time to time, may amend or supplement this Indenture, Indenture or the Notes or the Guarantees issued hereunder for any of the following purposes: (1) to cure any ambiguity, mistake, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure the Notes; (6) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amended; (7) to add a Guarantee of the Notes;; or (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular.

Without Consent of Holders of the Notes. Notwithstanding Section 9.29.2 of this Indenture, without notice to or the consent of any HoldersHolders of either Series of Notes, the Company, the Guarantors, if any, Company and the Trustee, at any time and from time to time, may amend this Indenture or supplement enter into one or more supplemental indentures to this Indenture, Indenture and any of the Notes or the Guarantees for any of the following purposes: (1) to cure any ambiguity, mistakeomission, defect or inconsistency; (2) to conform the text of this Indenture or the Notes to any provision of the section of the Offering Memorandum titled “Description of notes” to the extent that the Trustee has received an Officers’ Certificate stating that such text constitutes an unintended conflict with the description of the corresponding provision in such “Description of notes”; (3) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to comply with the Holders provisions of Notes or that does not adversely affect the legal rights under this Indenture of any such HolderArticle V; (5) to secure appoint a trustee other than the NotesTrustee (or any successor thereto) as trustee in respect of the Notes of either Series; (6) to comply provide for the issuance of Additional Notes of a Series in accordance with requirements of the Commission in order to effect or maintain the qualification terms of this Indenture under the TIA, as amendedIndenture; (7) to add a Guarantee add, change or eliminate provisions of this Indenture as shall be necessary or desirable in accordance with any amendment to the Notes;TIA; or (8) to release a Guarantor upon its sale or designation make any change that does not materially adversely affect the rights of any Holder of Notes of such Series (as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is determined in accordance with good faith by the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering CircularCompany).

Without Consent of Holders of the Notes. Notwithstanding Section 9.2, without the consent of any Holders, the CompanyIssuer, the Co-Issuer, the Guarantors, if any, and the Trustee, at any time and from time to time, may amend enter into one or supplement more indentures supplemental to this Indenture, the Notes or the Guarantees Indenture for any of the following purposes: (1) to cure any ambiguity, mistake, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s Issuers’ obligations under this Indenture, Indenture to the Notes Holders in the case of a merger or any Guaranteeconsolidation or sale of all or substantially all of the Issuers’ assets; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure the NotesNotes in accordance with Section 4.12; (6) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amended; (7) to add a Guarantee provide for the issuance of Additional Notes in accordance with the Noteslimitations set forth in this Indenture as of its date; (8) to allow any Guarantor to execute a supplemental indenture and/or Guarantee with respect to the Notes or to allow the release of a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other (to the extent permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of by this Indenture); orand (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering CircularMemorandum.

Without Consent of Holders of the Notes. Notwithstanding Section 9.2, without the consent of any Holders, the Company, the Guarantors, if any, Guarantors and the Trustee, at any time and from time to time, may amend or supplement this Indenture, Indenture or the Notes or the Guarantees issued hereunder for any of the following purposes: (1) to cure any ambiguity, mistake, defect or inconsistency; (2) to provide for uncertificated Notes in addition to or in place of certificated Certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a any Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure the Notes; (6) to comply with requirements of the Commission in order to effect or maintain the qualification of this Indenture under the TIA, as amended; (7) to provide for Guarantees or add a Guarantee of the Notes;, including, without limitation, by a direct or indirect parent of the Company; or (8) to release a Guarantor upon its sale or designation as an Unrestricted Subsidiary or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Notes or Guarantees to any provision of the “Description of Notes” in the Offering Circular.

Without Consent of Holders of the Notes. Notwithstanding Section 9.29.2 of this Indenture, without the consent of any Holders, the Company, the Guarantors, if any, and the Trustee, at any time and from time to time, may amend or supplement this Indenturethe Issuer, the Notes Guarantors and the Trustee may enter into one or more indentures supplemental to this Indenture and the Guarantees for any of the following purposes: (1) to cure evidence the succession of another Person to the Company and the assumption by any ambiguitysuch successor of the covenants of the Company in this Indenture, mistake, defect or inconsistencythe Guarantees and the Notes; (2) to secure the Notes, to add to the covenants of the Company for the benefit of the Holders, or to surrender any right or power herein conferred upon the Issuer; (3) to add additional Events of Default; (4) to provide for uncertificated Notes in addition to or in place of certificated the Certificated Notes; (3) to provide for the assumption by a Successor Company or a successor company of a Guarantor, as applicable, of the Company’s or such Guarantor’s obligations under this Indenture, the Notes or any Guarantee; (4) to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under this Indenture of any such Holder; (5) to secure evidence and provide for the Notesacceptance of appointment under this Indenture by a successor Trustee; (6) to comply provide for or confirm the issuance of Additional Notes in accordance with requirements of the Commission in order to effect or maintain the qualification terms of this Indenture under the TIA, as amendedIndenture; (7) to add a Guarantee of the NotesGuarantor or to release a Guarantor in accordance with this Indenture; (8) to release a Guarantor upon its sale cure any ambiguity, defect, omission, mistake or designation as an Unrestricted Subsidiary inconsistency or other permitted release from its Guarantee; provided that such sale, designation or release is in accordance with the applicable provisions of this Indenture; or (9) to conform the text of this Indenture, Indenture or the Notes or Guarantees to any provision of the “Description of Notes” in the Offering CircularMemorandum. (9) to effect or maintain the qualification of this Indenture under the TIA; or (10) to make any change that does not adversely affect the rights of any Holder.