Common use of Without Consent of the Holder Clause in Contracts

Without Consent of the Holder. The Company may amend this Note or any New Notes without notice to or consent of the Holder: (1) to cure any ambiguity, omission, defect or inconsistency; (2) to comply with Section 4; (3) to provide for uncertificated New Notes in addition to or in place of certificated New Notes; provided, however, that the uncertificated New Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated New Notes are described in Section 163(f)(2)(B) of the Code; (4) to add guarantees with respect to this Note or to secure this Note; (5) to add to the covenants of the Company for the benefit of the Holder or to surrender any right or power herein conferred upon the Company; (6) to comply with any requirements of the SEC in connection with qualifying, or maintaining the qualification of, the indenture (as defined below) under the Trust Indenture Act of 1939, as amended (to the extent the indenture will be required to be qualified under the Registration Rights Agreement); or (7) to make any change that does not materially adversely affect the rights of the Holder. References above to the Indenture means the indenture that may be required to be executed and delivered pursuant to which New Notes are exchanged for Securities as contemplated by the Registration Rights Agreement. After an amendment under this Section becomes effective, the Company shall mail to the Holder a notice briefly describing such amendment. The failure to give such notice to the Holder, or any defect therein, shall not impair or affect the validity of an amendment under this Section.

Without Consent of the Holder. The Company may amend this Note or any New Notes without notice to or consent of the Holder: (1) to cure any ambiguity, omission, defect or inconsistency; (2) to comply with Section 4; (3) to provide for uncertificated New Notes in addition to or in place of certificated New Notes; provided, however, that the uncertificated New Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated New Notes are described in Section 163(f)(2)(B) of the Code; (4) to add guarantees with respect to this Note or to secure this Note; (5) to add to the covenants of the Company for the benefit of the Holder or to surrender any right or power herein conferred upon the Company; (6) to comply with any requirements of the SEC in connection with qualifying, or maintaining the qualification of, the an indenture (as defined below) under the Trust Indenture Act of 1939, as amended (to the extent the an indenture will be required to be qualified under the Registration Rights Agreement); or (7) to make any change that does not materially adversely affect the rights of the Holder. References above to the Indenture means the indenture that may be required to be executed and delivered pursuant to which New Notes are exchanged for Securities as contemplated by the Registration Rights Agreement. After an amendment under this Section becomes effective, the Company shall mail to the Holder a notice briefly describing such amendment. The failure to give such notice to the Holder, or any defect therein, shall not impair or affect the validity of an amendment under this Section.

Without Consent of the Holder. The Company may amend this Note or any New Notes without notice to or consent of the Holder: (1) to cure any ambiguity, omission, defect or inconsistency; (2) to comply with Section 4; (3) to provide for uncertificated New Notes in addition to or in place of certificated New Notes; provided, however, that the uncertificated New Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated New Notes are described in Section 163(f)(2)(B) of the Code; (4) to add guarantees with respect to this Note or to secure this Note; (5) to add to the covenants of the Company for the benefit of the Holder or to surrender any right or power herein conferred upon the Company; (6) to comply with any requirements of the SEC in connection with qualifying, or maintaining the qualification of, the an indenture (as defined below) under the Trust Indenture Act of 1939, as amended (to the extent the an indenture will be required to be qualified under the Registration Rights Agreement); or (7) to make any change that does not materially adversely affect the rights of the Holder. References above to the Indenture means the indenture that may be required to be executed and delivered pursuant to which New Notes are exchanged for Securities as contemplated by the Registration Rights Agreement. After an amendment under this Section becomes effective, the Company shall mail to the Holder a notice briefly describing such amendment. The failure to give such notice to the Holder, or any defect therein, shall not impair or affect the validity of an amendment under this Section.