Without Consent of Securityholders. Except as otherwise provided as contemplated by Section 3.01 with respect to any series of Securities, the Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any one or more of or all the following purposes:
(a) to cure any ambiguity, omission, defect or inconsistency contained herein or in any supplemental indenture; provided, however, that such amendment does not materially and adversely affect the rights of Holders;
(b) to evidence the succession of another corporation to the Company, or successive successions, and the assumption by such successor of the covenants and obligations of the Company contained in the Securities of one or more series and in this Indenture or any supplemental indenture;
(c) to comply with the rules of any applicable Depositary;
(d) to secure any series of Securities;
(e) to add to the covenants and agreements of the Company, to be observed thereafter and during the period, if any, in such supplemental indenture or indentures expressed, and to add Events of Default, in each case for the protection or benefit of the Holders of all or any series of the Securities (and if such covenants, agreements and Events of Default are to be for the benefit of fewer than all series of Securities, stating that such covenants, agreements and Events of Default are expressly being included for the benefit of such series as shall be identified therein), or to surrender any right or power herein conferred upon the Company;
(f) to make any change in any series of Securities that does not adversely affect the legal rights under this Indenture of any Holder of such Securities in any material respect;
(g) to evidence and provide for the acceptance of an appointment under this Indenture of a successor Trustee; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms hereof;
(h) to conform the text of this Indenture or any series of the Securities to any provision of the section entitled “Description of Debt Securities” in the Prospectus to the extent that such provision in the Prospectus was intended to be a verbatim recitation of a provision of this Indenture or such series of the Securities as evidenced by an Officers’ Certificate;
(i) to make any amendment to the provisions of this Indenture relating to the transfer and legending of Securities as permitted by this Indenture, including, but not limit...
Without Consent of Securityholders. 43 SECTION 9.02 With Consent of Securityholders....................................................................44 SECTION 9.03 Compliance with Trust Indenture Act; Effect of Supplemental Indentures.............................45 SECTION 9.04
Without Consent of Securityholders. 60 Section 14.02 With Consent of Securityholders; Limitations ......................................................62 Section 14.03
Without Consent of Securityholders. 45 SECTION 9.02 With Consent of Securityholders.................................................47 SECTION 9.03 Compliance with Trust Indenture Act; Effect of Supplemental Indentures..........48 SECTION 9.04 Notation on Securities..........................................................48 SECTION 9.05 Evidence of Compliance of Supplemental Indenture to be Furnished to Debenture Trustee.......................................................................48 ARTICLE X CONSOLIDATION, MERGER, SALE, CONVEYANCE, TRANSFER AND LEASE
SECTION 10.01 Corporation May Consolidate, etc., on Certain Terms............................48 SECTION 10.02 Successor Person to be Substituted for Corporation.............................49 SECTION 10.03 Opinion of Counsel to be Given Debenture Trustee...............................49
Without Consent of Securityholders. The Issuers and the Trustee may amend this Indenture or the Securities without notice to or consent of any Securityholder:
(1) cure any ambiguity, omission, defect or inconsistency;
(2) provide for the assumption by a successor corporation, partnership, trust or limited liability company of the obligations of the Issuers under this Indenture;
(3) 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 Code, or in a manner such that the uncertificated Notes are described in Section 163(f) (2) (B) of the Code);
(4) add Guarantees with respect to the Notes;
(5) secure the Notes;
(6) add to the covenants of the Issuers for the benefit of the holders or surrender any right or power conferred upon the Issuers;
(7) make any change that does not adversely affect the rights of any holder;
(8) comply with any requirement of the SEC in connection with the qualification of this Indenture under the Trust Indenture Act; or
(9) provide for the issuance of exchange securities which shall have terms substantially identical in all respects to the Notes (except that the transfer restrictions contained in the Notes shall be modified or eliminated as appropriate) and which shall be treated, together with any outstanding Notes, as a single class of securities. After an amendment under this Section becomes effective, the Issuers shall mail to Securityholders a notice briefly describing such amendment. The failure to give such notice to all Securityholders, or any defect therein, shall not impair or affect the validity of an amendment under this Section.
Without Consent of Securityholders. The Company and the Trustee may amend or supplement this Indenture or the Securities without the consent of any Securityholder:
(a) to cure any ambiguity, defect or inconsistency;
(b) to comply with Sections 5.13 and 7.01 hereof;
(c) to provide for uncertificated Securities in addition to certificated Securities;
(d) to make any change that does not adversely affect the legal rights hereunder of any Securityholder;
(e) to qualify this Indenture under the TIA or to comply with the requirements of the SEC in order to maintain the qualification of the Indenture under the TIA; or
(f) to make any change that provides any additional rights or benefits to the holders of Securities. An amendment under this Section may not make any change that adversely affects the rights under Article VI of any holder of Senior Debt then outstanding unless the holders of such Senior Debt (or any group or Representative thereof authorized to give a consent) consent to such change.
Without Consent of Securityholders. 52 SECTION 9.02. With Consent of Securityholders . . . . . 54
Without Consent of Securityholders. Except as otherwise provided by Section 3.01 with respect to any series of Securities, the Issuer and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee, without the consent of any Holders for any of the following purposes:
(a) to cure any ambiguity or to correct any provision herein which may be defective or inconsistent with any other provision herein; it being expressly understood that any amendment described in this clause (a) made solely to conform the text of this Indenture or any series of the Securities to any provision of the section entitled “Description of Debt Securities” in the Prospectus or of the section entitled “Description of the Notes” in the Prospectus Supplement will not be deemed to materially and adversely affect the interests of Holders;
(b) to secure the Securities pursuant to the requirements of Section 6.05 or Section 6.09 or otherwise;
Without Consent of Securityholders. The Company and the Trustee may from time to time and at any time amend, waive or supplement the Indenture, without the consent of the Securityholders, for one or more of the following purposes:
(a) to evidence the succession of another corporation to the Company, or successive successions, and the assumption by the successor corporation of the covenants, agreements and obligations of the Company pursuant to Article Ten hereof;
(b) to add to the covenants of the Company such further covenants, restrictions or conditions for the protection of the Securityholders as the Board of Directors and the Trustee shall consider to be for the protection of the Securityholders, and to make the occurrence, or the occurrence and continuance, of a default in any of such additional covenants, restrictions or conditions a default or an Event of Default permitting the enforcement of all or any of the remedies provided in this Indenture as herein set forth; provided, however, that in respect of any such additional covenant, restriction or condition such modification may provide for a particular period of grace after default (which period may be shorter or longer than that allowed in the case of other defaults) or may provide for an immediate enforcement upon such default or may limit the remedies available to the Trustee upon such default; (c) to cure any ambiguity or to correct or supplement any provision contained herein or in any supplemental indenture which may be defective or inconsistent with any other provision contained herein or in any supplemental indenture, or to make such other provisions in regard to matters or questions arising under this Indenture; provided that any such action shall not materially adversely affect the interests of the holders of the Securities;
Without Consent of Securityholders. 41 ---------------------------------- SECTION
