Without the Consent of Holders. The Issuer, the Mexican Trustee and the Trustee may amend this Indenture or the Notes without notice to or the consent of any Holder to: (a) cure any ambiguity, omission, defect or inconsistency in this Indenture or the Notes; (b) provide for the assumption by a surviving or successor corporation of the obligations of the Issuer under the Indenture or evidence and provide for the acceptance of appointment of a successor Trustee pursuant to this Indenture; (c) provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code); (d) add guarantees with respect to the Notes; (e) secure the Notes; (f) add to the Issuer’s covenants for the benefit of the Holders or surrender any right or power conferred upon the Issuer; (g) make any change that does not materially adversely affect the rights of any Holder; (h) comply with the provisions of any clearing agency, clearing corporation or clearing system, including DTC, the Trustee or the Registrar with respect to the provisions of this Indenture or the Notes relating to transfers and exchanges of Notes; and (i) conform the terms of this Indenture or the Notes to the description thereof in the Preliminary Offering Memorandum as supplemented by the Pricing Term Sheet.
Appears in 1 contract
Samples: Indenture (Cemex Sab De Cv)
Without the Consent of Holders. The IssuerNotwithstanding anything to the contrary in Section 8.02, the Mexican Trustee Company, the Trustee, and the Trustee Collateral Agent (if applicable) may amend or supplement this Indenture Indenture, the Notes, or the Notes Collateral Agreements without notice to or the consent of any Holder to:
(aA) cure any ambiguity, ambiguity or correct any omission, defect or inconsistency in this Indenture or the NotesNotes as set forth in an Officer’s Certificate; provided, that any such cure and/or correction is not adverse to any Holder;
(b) provide for the assumption by a surviving or successor corporation of the obligations of the Issuer under the Indenture or evidence and provide for the acceptance of appointment of a successor Trustee pursuant to this Indenture;
(c) provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code);
(dB) add guarantees with respect to the Company’s obligations under this Indenture or the Notes;
(eC) secure the Notes;
(fD) add to the IssuerCompany’s covenants or Events of Default for the benefit of the Holders or surrender any right or power conferred upon on the IssuerCompany;
(gE) provide for the assumption of the Company’s obligations under this Indenture and the Notes pursuant to, and in compliance with, Article 6;
(F) enter into supplemental indentures pursuant to, and in accordance with, Section 5.09 in connection with a Common Share Change Event;
(G) evidence or provide for the acceptance of the appointment, under this Indenture, of a successor Trustee or Collateral Agent;
(H) [reserved];
(I) provide for or confirm the issuance of additional Notes pursuant to Section 2.03(B);
(J) comply with any requirement of the SEC in connection with any qualification of this Indenture or any supplemental indenture under the Trust Indenture Act, as then in effect; or
(K) make any other change to this Indenture or the Notes that does not materially not, individually or in the aggregate with all other such changes, adversely affect the rights of the Holders, as such, in any Holder;
(h) comply with the provisions of any clearing agency, clearing corporation or clearing system, including DTC, the Trustee or the Registrar with respect to the provisions of this Indenture or the Notes relating to transfers and exchanges of Notes; and
(i) conform the terms of this Indenture or the Notes to the description thereof in the Preliminary Offering Memorandum as supplemented by the Pricing Term Sheetrespect.
Appears in 1 contract
Samples: Indenture (Marti Technologies, Inc.)
Without the Consent of Holders. The Issuer, the Mexican Trustee and the Trustee may amend this Indenture or the Notes without notice to or the consent of any Holder to:
(a) cure any ambiguity, omission, defect or inconsistency in this Indenture or the Notes;
(b) provide for the assumption by a surviving or successor corporation of the obligations of the Issuer under the Indenture or evidence and provide for the acceptance of appointment of a successor Trustee pursuant to this Indenture;
(c) provide for uncertificated Notes in addition to or in place of certificated Notes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code);
(d) add guarantees with respect to the Notes;
(e) secure the Notes;
(f) add to the Issuer’s covenants for the benefit of the Holders or surrender any right or power conferred upon the Issuer;
(g) make any change that does not materially adversely affect the rights of any Holder (for the avoidance of doubt, the issuance of additional Notes under this Indenture shall not be deemed to materially adversely affect the rights of any Holder;; thus any such additional issuance of Notes shall not require the consent of the Holders of the Notes); and
(h) comply with the provisions of any clearing agency, clearing corporation or clearing system, including DTC, the Trustee or the Registrar with respect to the provisions of this Indenture or the Notes relating to transfers and exchanges of Notes; and
(i) conform the terms of this Indenture or the Notes to the description thereof in the Preliminary Offering Memorandum as supplemented by the Pricing Term Sheet.
Appears in 1 contract
Samples: Indenture (Cemex Sab De Cv)