Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder: (1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements; (2) to comply with Article 5; (3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA; (4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent; (5) to provide for uncertificated Notes in addition to or in place of certificated Notes; (6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this Indenture; (7) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or (8) to make any other change that does not adversely affect the rights of any Holder.
Appears in 2 contracts
Samples: Indenture (Eastman Kodak Co), Indenture (Eastman Kodak Co)
Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agenta) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or Without the consent of any Holder, the Issuers and the Trustee may enter into one or more indentures supplemental hereto, for any of the following purposes:
(1i) to cure any ambiguity, omission, defect or inconsistency in this Indenture, the Notes or the Security Agreements;inconsistency,
(2ii) to comply with Article 5;
(3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA;
(4) to evidence and provide for the acceptance of an appointment assumption by a successor Trustee or Second Lien Collateral Agent;of the obligations of an Issuer under this Indenture,
(5iii) to provide for uncertificated Notes in addition to or in place of certificated Notes;; provided that the uncertified Notes are issued in registered form for purposes of Section 163(f) of the Code, or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code,
(6iv) to provide for any Guarantee of add Subsidiary Guarantees with respect to the Notes, to secure the Notes or Notes, to confirm and evidence the release, termination or discharge of any Guarantee of Subsidiary Guaranty or Lien with respect to or securing the Notes when such release, termination or discharge is permitted by provided for under this Indenture;,
(7v) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, Issuers for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; orIssuers,
(8) vi) to provide for or confirm the issuance of Additional Notes,
(vii) to make any other change that does not adversely affect the rights of any HolderHolder under the Notes or this Indenture, or
(viii) to comply with any requirement of the SEC in connection with the qualification of this Indenture under the TIA or otherwise.
Appears in 1 contract
Samples: Indenture (Triarc Companies Inc)
Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder:
(1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements;
(2) to comply with Article 5;
(3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIATrust Indenture Act;
(4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent;
(5) to provide for uncertificated Notes in addition to or in place of certificated Notes;
(6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this IndentureIndenture and, in the case of a release, termination or discharge of a Lien securing the Notes, the Collateral Trust Agreement;
(7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of this Indenture, the Notes or the Security Agreements to any provision of the “Description of Notes” section of the offering memorandum dated February 24, 2010 relating to the offering by the Company of the Notes;
(9) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or
(8) 10) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Eastman Kodak Co)
Without Consent of the Holders. The Company and the Trustee (including in its capacity as Second Lien Collateral Agent) may amend or supplement this Indenture, the Notes or the Security Agreements without notice to or the consent of any Holder:
(1) to cure any ambiguity, defect or inconsistency in this Indenture, the Notes or the Security Agreements;
(2) to comply with Article 5;
(3) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIATrust Indenture Act;
(4) to evidence and provide for the acceptance of an appointment by a successor Trustee or Second Lien Collateral Agent;
(5) to provide for uncertificated Notes in addition to or in place of certificated Notes;
(6) to provide for any Guarantee of the Notes, to secure the Notes or to confirm and evidence the release, termination or discharge of any Guarantee of or Lien securing the Notes when such release, termination or discharge is permitted by this IndentureIndenture and, in the case of a release, termination or discharge of a Lien securing the Notes, the Collateral Trust Agreement;
(7) to provide for or confirm the issuance of Additional Notes;
(8) to conform the text of this Indenture, the Notes or the Security Agreements to any provision of the “Description of Notes” section of the offering memorandum dated March 10, 2011 relating to the offering by the Company of the Notes;
(9) to add to the covenants of the Company or its Restricted Subsidiaries, as applicable, for the benefit of the Holders of such Notes or to surrender any right or power conferred upon the Company or its Restricted Subsidiaries by this Indenture; or
(8) 10) to make any other change that does not materially and adversely affect the rights of any Holder.
Appears in 1 contract
Samples: Indenture (Eastman Kodak Co)