Common use of Without Consent of Noteholders Clause in Contracts

Without Consent of Noteholders. Subject to Section 8.2, the Company and the Fiscal Agent may amend, supplement or modify this Agreement or the Notes without the consent of any Noteholder for the purpose of: (i) adding to the covenants of the Company for the benefit of the Noteholders; or (ii) surrendering any right or power conferred on the Company; or (iii) securing the Notes; or (iv) evidencing the succession of another entity to the Company and the assumption by any such successor of the covenants and obligations of the Company herein and in the Notes as permitted by this Agreement and the Notes; or (v) modifying the restrictions on, and procedures for, resale and other transfers of the Notes to the extent required by any change in applicable law or regulation, or the interpretation thereof, or in the practices relating to the resale or transfer of restricted securities generally; or (vi) accommodating the issuance, if any, of the Notes in book-entry or certificated form and matters related thereto that do not adversely affect the interests of any Noteholder in any material respect; or (vii) curing any ambiguity or correcting or supplementing any defective provision herein or in the Notes in a manner that does not adversely affect the interests of any Noteholder in any material respect; or (viii) effecting any amendment that the Company and the Fiscal Agent may determine is necessary or desirable and which shall not adversely affect the interests of any Noteholder in any material respect.

Without Consent of Noteholders. Subject to Section 8.2The Company, the Company when authorized by a board resolution, and the Fiscal Agent Trustee may amend, supplement enter into an indenture or modify indentures supplemental hereto to amend this Agreement Indenture or the Notes without prior notice to or the consent of any Noteholder for the purpose ofNoteholder: (i1) adding to cure any ambiguity, omission, defect or inconsistency; (2) to comply with the provisions set forth in Article Five; (3) to comply with any requirements of the Commission in connection with the qualification of this Indenture under the TIA as then in effect; (4) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code or in a manner such that the uncertificated Notes are described in Section 163(f)(2) of the Internal Revenue Code; (5) to make any change that does not materially adversely affect the legal rights of any Noteholder under this Indenture as then in effect; (6) to secure the Notes and to make intercreditor arrangements with respect to any such security, unless the incurrence of such obligations or the security thereof is prohibited by this Indenture; (7) to evidence or to provide for a replacement Trustee; or (8) to add to the covenants and agreements of the Company or the Guarantors for the benefit of all of the Noteholders; or (ii) surrendering Holders of all of the Notes and to surrender any right or power conferred on the Company; or (iii) securing the Notes; or (iv) evidencing the succession of another entity herein reserved to the Company and the assumption by any such successor of the covenants and obligations of the Company herein and in the Notes as permitted by this Agreement and the Notes; or (v) modifying the restrictions on, and procedures for, resale and other transfers of the Notes to the extent required by any change in applicable law or regulation, or the interpretation thereof, or in the practices relating to the resale or transfer of restricted securities generally; or (vi) accommodating the issuance, if any, of the Notes in book-entry or certificated form and matters related thereto that do not adversely affect the interests of any Noteholder in any material respect; or (vii) curing any ambiguity or correcting or supplementing any defective provision herein or in the Notes in a manner that does not adversely affect the interests of any Noteholder in any material respect; or (viii) effecting any amendment that the Company and the Fiscal Agent may determine is necessary or desirable and which shall not adversely affect the interests of any Noteholder in any material respectGuarantors.

Without Consent of Noteholders. Subject to Section 8.2The Company, the Company when authorized by a board resolution, and the Fiscal Agent Trustee may amend, supplement enter into an indenture or modify indentures supplemental hereto to amend this Agreement Indenture or the Notes without prior notice to or the consent of any Noteholder for the purpose ofNoteholder: (i1) adding to cure any ambiguity, omission, defect or inconsistency; (2) to comply with the provisions set forth in Article Five; (3) to comply with any requirements of the Commission in connection with the qualification of this Indenture under the TIA as then in effect; (4) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code or in a man- ner such that the uncertificated Notes are described in Section 163(f)(2) of the Internal Revenue Code; (5) to make any change that does not materially adversely affect the legal rights of any Noteholder under this Indenture as then in effect; (6) to secure the Notes and to make intercreditor arrangements with respect to any such security, unless the incurrence of such obligations or the security thereof is prohibited by this Indenture; (7) to evidence or to provide for a replacement Trustee; or (8) to add to the covenants and agreements of the Company or the Guarantors for the benefit of all of the Noteholders; or (ii) surrendering Holders of all of the Notes and to surrender any right or power conferred on the Company; or (iii) securing the Notes; or (iv) evidencing the succession of another entity herein reserved to the Company and the assumption by any such successor of the covenants and obligations of the Company herein and in the Notes as permitted by this Agreement and the Notes; or (v) modifying the restrictions on, and procedures for, resale and other transfers of the Notes to the extent required by any change in applicable law or regulation, or the interpretation thereof, or in the practices relating to the resale or transfer of restricted securities generally; or (vi) accommodating the issuance, if any, of the Notes in book-entry or certificated form and matters related thereto that do not adversely affect the interests of any Noteholder in any material respect; or (vii) curing any ambiguity or correcting or supplementing any defective provision herein or in the Notes in a manner that does not adversely affect the interests of any Noteholder in any material respect; or (viii) effecting any amendment that the Company and the Fiscal Agent may determine is necessary or desirable and which shall not adversely affect the interests of any Noteholder in any material respectGuarantors.

Without Consent of Noteholders. Subject to Section 8.2The Company, the Company when authorized by a board resolution, and the Fiscal Agent Trustee may amend, supplement enter into an indenture or modify indentures supplemental hereto to amend this Agreement Indenture or the Notes without prior notice to or the consent of any Noteholder for the purpose ofNoteholder: (i1) adding to cure any ambiguity, omission, defect or inconsistency; (2) to comply with the provisions set forth in Article V; (3) to comply with any requirements of the Commission in connection with the qualification of this Indenture under the TIA as then in effect; (4) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986, as amended, or in a manner such that the uncertificated Notes are described in Section 163(f)(2) of such Code; (5) to make any change that does not materially adversely affect the legal rights of any Noteholder under this Indenture as then in effect; (6) to secure the Notes and to make intercreditor arrangements with respect to any such security, unless the incurrence of such obligations or the security thereof is prohibited by this Indenture; (7) to evidence or to provide for a replacement Trustee; or (8) to add to the covenants and agreements of the Company or the Guarantors for the benefit of all of the Noteholders; or (ii) surrendering Holders of all of the Notes and to surrender any right or power conferred on the Company; or (iii) securing the Notes; or (iv) evidencing the succession of another entity herein reserved to the Company and the assumption by any such successor of the covenants and obligations of the Company herein and in the Notes as permitted by this Agreement and the Notes; or (v) modifying the restrictions on, and procedures for, resale and other transfers of the Notes to the extent required by any change in applicable law or regulation, or the interpretation thereof, or in the practices relating to the resale or transfer of restricted securities generally; or (vi) accommodating the issuance, if any, of the Notes in book-entry or certificated form and matters related thereto that do not adversely affect the interests of any Noteholder in any material respect; or (vii) curing any ambiguity or correcting or supplementing any defective provision herein or in the Notes in a manner that does not adversely affect the interests of any Noteholder in any material respect; or (viii) effecting any amendment that the Company and the Fiscal Agent may determine is necessary or desirable and which shall not adversely affect the interests of any Noteholder in any material respectGuarantors.