Common use of Without the Consent of Holders Clause in Contracts

Without the Consent of Holders. The Company and the Trustee may amend or supplement this Indenture or the Notes without notice to or the consent of any Holder for the purposes of: (a) curing any ambiguity, defect or inconsistency or making any other changes in the provisions of this Indenture which the Company and the Trustee may deem necessary or desirable, provided that such amendment does not materially and adversely affect the rights of the Holders under this Indenture; (b) providing for the assumption of the covenants and obligations of the Company hereunder and in the Notes in the circumstances required by Section 5.01; (c) providing for conversion rights of Holders in the event of consolidation, merger, or sale of all or substantially all of the assets of the Company as required to comply with Sections 5.01 and/or 11.06; (d) increasing the Conversion Rate; (e) evidencing and providing for the acceptance of appointment under this Indenture of a successor Trustee; (f) making any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under this Indenture of any such Holder; (g) complying with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA; or (h) modifying the restrictions on, and procedures for, resale and other transfers of the Notes or the shares of Common Stock pursuant to law, regulation or practice relating to the resale or transfer of restricted securities generally.

Without the Consent of Holders. The Company and the Trustee may amend or supplement this Indenture or the Notes without notice to or the consent of any Holder for the purposes ofto: (a) curing cure any ambiguity, defect ambiguity or inconsistency correct or making supplement any defective or inconsistent provision contained in this Indenture or make any other changes in the provisions of this Indenture which the Company and the Trustee may deem necessary or desirable, provided that such amendment does not materially and adversely affect the rights of the Holders under this IndentureHolders; (b) providing provide for uncertificated Notes in addition to or in place of certificated Notes; (c) evidence the succession of another Person to the Company and provide for the assumption by such successor of the covenants and obligations of the Company hereunder thereunder and in the Notes in the circumstances required as permitted by Section 5.01; (cd) providing provide for conversion rights and/or repurchase rights of Holders in the event of consolidation, merger, merger or sale of all or substantially all of the assets of the Company as required to comply with Sections 5.01 and/or 11.0612.06; (de) increasing increase the Conversion Rate; (e) evidencing and providing for the acceptance of appointment under this Indenture of a successor Trustee; (f) making make any change changes that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under this Indenture of any such Holder;; or (g) complying comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA; or (h) modifying the restrictions on, and procedures for, resale and other transfers of the Notes or the shares of Common Stock pursuant to law, regulation or practice relating to the resale or transfer of restricted securities generally.

Without the Consent of Holders. The Company and the Trustee may amend or supplement this Indenture or the Notes without notice to or the consent of any Holder for the purposes of: (a) curing any ambiguity, defect or inconsistency or making any other changes in the provisions of this Indenture which the Company and the Trustee may deem necessary or desirable, provided that such amendment does not materially and adversely affect the rights of the Holders under this Indenture; (b) providing for the assumption of the covenants and obligations of the Company hereunder and in the Notes in the circumstances required by Section 5.01; (c) providing for conversion rights of Holders in the event of consolidation, merger, or sale of all or substantially all of the assets of the Company as required to comply with Sections 5.01 and/or 11.06; (d) increasing reducing the Conversion RatePrice; (e) evidencing and providing for the acceptance of appointment under this Indenture of a successor Trustee; (f) making any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under this Indenture of any such Holder; (g) complying with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA; or (h) modifying the restrictions on, and procedures for, resale and other transfers of the Notes or the shares of Common Stock pursuant to law, regulation or practice relating to the resale or transfer of restricted securities generally.