Without Consent of the Holders. The Issuer and the Trustee may amend this Indenture, the Securities, any Security Document or any Intercreditor Agreement with respect to the Securities without notice to or consent of any Holder:
(i) to cure any ambiguity, omission, defect or inconsistency;
(ii) to provide for the assumption by a Successor Company of the obligations of the Issuer under this Indenture and the Securities;
(iii) to provide for the assumption by a Successor Subsidiary Guarantor of the obligations of a Subsidiary Guarantor under this Indenture and its Subsidiary Guarantee;
(iv) to provide for uncertificated Securities in addition to or in place of certificated Securities; provided, however, that the uncertificated Securities are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated Securities are described in Section 163(f)(2)(B) of the Code;
(v) to add a Subsidiary Guarantee with respect to the Securities or to secure the Securities;
(vi) to add additional assets as Collateral;
(vii) to release Collateral from the Lien securing the Securities pursuant to the Security Documents when permitted or required by this Indenture, the Security Documents or any Intercreditor Agreement;
(viii) to add to the covenants of the Issuer for the benefit of the Holders or to surrender any right or power herein conferred upon the Issuer;
(ix) to modify the Security Documents and/or any Intercreditor Agreements, to secure other First Priority Lien Obligations and/or second priority secured obligations of the Issuer or any Subsidiary Guarantor (including, without limitation, any Other Second-Lien Obligations) so long as such other First Priority Lien Obligations and/or second priority secured obligations (including, without limitation, any Other Second-Lien Obligations) are not prohibited by the provisions of the Credit Agreements, the Existing Second Priority Notes Indentures, this Indenture, the First Priority Dollar Notes Indentures or First Priority Euro Notes Indenture;
(x) to comply with any requirement of the SEC in connection with qualifying or maintaining the qualification of this Indenture under the TIA;
(xi) to make any change that does not adversely affect the rights of any Holder;
(xii) to effect any provision of this Indenture or to make certain changes to this Indenture to provide for the issuance of Additional Securities;
(xiii) to provide for the issuance of the Exchange Securities or the Additional Securities, which shall...
Without Consent of the Holders. The Issuer and the Trustee may amend this Indenture or the Notes without notice to or consent of any Holder:
(i) to cure any ambiguity, omission, defect or inconsistency;
(ii) to comply with Article 5;
(iii) to 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;
(iv) to add Guarantees with respect to the Notes or to secure the Notes;
(v) to add to the covenants of the Issuer or any Parent of the Issuer for the benefit of the Holders or to surrender any right or power herein conferred upon the Issuer or any Parent of the Issuer;
(vi) to comply with any requirement of the SEC in connection with qualifying this Indenture under the TIA;
(vii) to effect any provision of this Indenture (including to release any Guarantees in accordance with the terms of this Indenture);
(viii) to make any change that does not adversely affect the rights of any Holder;
(ix) to provide for the issuance of the Exchange Notes or Additional Notes; or
(x) to release the Guarantee of any Parent of the Issuer. After an amendment under this Section becomes effective, the Issuer shall mail to Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section.
Without Consent of the Holders. The Issuer and the Trustee may amend this Indenture, the Notes or the Guarantees without notice to or the consent of any holder:
(a) to cure any ambiguity, omission, mistake, defect or inconsistency;
(b) to provide for the assumption by a Successor Issuer (with respect to the Issuer) of the obligations of the Issuer under this Indenture and the Notes;
(c) to provide for the assumption by a Successor Guarantor (with respect to any Guarantor) of the obligations of a Guarantor under this Indenture and its Guarantee;
(d) to provide for uncertificated Notes in addition to or in place of certificated Notes, provided, however, 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;
(e) to conform the text of this Indenture, the Notes or the Guarantees to any provision of the “Description of the Notes” in the Offering Memorandum;
(f) to add a Guarantee with respect to the Notes;
(g) to add collateral with respect to the Notes;
(h) to secure the Notes;
(i) to release a Guarantor or Successor Guarantor or any guarantee of the Notes as permitted by and in accordance with the applicable terms of this Indenture;
(j) to add to the covenants of the Issuer and the Restricted Subsidiaries for the benefit of the holders or to surrender any right or power herein conferred upon the Issuer;
(k) to make any change that does not adversely affect the rights of the holders in any material respect;
(l) to provide for the appointment of a successor Trustee as permitted by and in accordance with the applicable terms of this Indenture; or
(m) to effect any provisions of this Indenture or to make changes to this Indenture to provide for the issuance of Additional Notes.
Without Consent of the Holders. The Issuer and the Indenture Trustee may amend this Indenture, the Notes or the Security Documents without notice to or consent of any Holder:
(a) to cure any ambiguity, omission, mistake, defect or inconsistency;
(b) to add to the covenants of the Issuer for the benefit of the Holders or to surrender any right or power herein conferred upon the Issuer;
(c) to make any change that does not adversely affect the rights of any Holder;
(d) to add additional assets as Collateral to secure the Notes;
(e) to release Collateral from the Lien pursuant to this Indenture and the Security Documents when permitted or required by this Indenture or the Security Documents; or
(f) to issue Additional Notes in accordance with this Indenture. After an amendment under this Section 8.01 becomes effective, the Issuer shall mail to the Holders a notice briefly describing such amendment. The failure to give such notice to all Holders, or any defect therein, shall not impair or affect the validity of an amendment under this Section 8.01.
Without Consent of the Holders. The Company and the Trustee may amend this Indenture or the Securities without the consent of any Holder:
(a) to cure any ambiguity, defect or inconsistency;
(b) to comply with Section 5.1;
(c) to provide for the issuance of additional uncertificated Securities or certificated Securities;
(d) to make any change that does not materially and adversely affect the legal rights hereunder of any Holder, including but not limited to an increase in the aggregate dollar amount of Securities which may be outstanding under this Indenture;
(e) make any change in Section 3.2; provided, however, that no such change shall adversely affect the rights of any then-outstanding or issued Security; or
(f) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA.
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.
Without Consent of the Holders. The Company and the Trustee may amend this Indenture or the Securities without the consent of any Holder:
(a) to cure any ambiguity, defect or inconsistency;
(b) to comply with Section 5.1;
(c) to make any change that does not adversely affect the legal rights hereunder of any Holder;
(d) make any change in Section 3.2; provided, however, that no such change shall adversely affect the rights of any outstanding or issued Security; or
(e) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA.
Without Consent of the Holders. The Company and the Trustee may amend this Indenture or the Securities without the consent of any Holder:
(a) to cure any ambiguity, defect or inconsistency;
(b) to comply with Section 5.1;
(c) to provide for the issuance of additional Securities or classes or series of Securities in conformity with this Indenture (including, for purposes of clarity, additional Securities or classes or series of Securities having rights, preferences or privileges different from those set forth herein);
(d) to make any change that does not materially and adversely affect the legal rights hereunder of any Holder, including but not limited to an increase in the aggregate dollar amount of class or series of Securities which may be outstanding under this Indenture;
(e) make any change in Section 3.2; provided, however, that no such change shall adversely affect the rights of any then-outstanding or issued Security;
(f) to comply with any requirements of the SEC in connection with the qualification of this Indenture under the TIA;
(g) to comply with the rules or policies of a Depositary of Securities; or
(h) in connection with an amendment, extension, replacement, renewal or substitution of Senior Debt, to amend the subordination provisions of this Indenture to conform to the reasonable requirements of the holder or holders of such Senior Debt.
Without Consent of the Holders. The Issuers and the Trustee may amend this Indenture, the Security Documents, the Intercreditor Agreement, or the Notes without notice to or consent of any holder:
Without Consent of the Holders. (a) The Issuer and the Trustee may amend this Indenture, the Security Documents, the First Lien Intercreditor Agreement, the Second Lien Intercreditor Agreement or the Notes without notice to or consent of any holder:
(i) to cure any ambiguity, omission, defect or inconsistency;
(ii) to provide for the assumption by a Successor Issuer of the obligations of the Issuer under this Indenture and the Notes;
(iii) to provide for the assumption by a Successor Subsidiary Pledgor of the obligations of a Subsidiary Pledgor under this Indenture and the Security Documents;
(iv) to add a Guarantor with respect to the Notes pursuant to Section 4.11;
(v) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, 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;
