Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any Holder, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, defect or inconsistency, to qualify or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under Notes may be supplemented by an indenture or indentures supplemental to the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee with the consent of the Holders of not less than a majority in aggregate principal amount of the Notes at affected by such supplemental indenture (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes) and any existing default or Event of Default with respect to the time Outstanding. The Indenture also contains provisions permitting Notes may be waived with the consent of the Holders of specified percentages not less than a majority in aggregate principal amount of the Notes at Outstanding Notes, except a continuing default in the time Outstanding, on behalf payment of the Holders of all principal of, or any premium or interest on the Notes, to waive compliance by the Company with certain provisions or in respect of a covenant or provision of the Indenture and certain past defaults under which cannot be modified or amended without the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this each Outstanding Note. Without the consent of any HolderHolder of Notes, the Company, the Subsidiary Guarantors Partnership and the Trustee Trustee, at any time and from time to time, may amend enter into one or supplement more supplemental indentures as provided in the Indenture or Indenture, subject to the Notes to cure any ambiguity, defect or inconsistency, to qualify or maintain the qualification exceptions set forth therein. SCHEDULE A [SCHEDULE OF ADJUSTMENTS]4 Date Adjustment Made Principal Amount Increase Principal Amount Decrease Principal Amount Following Adjustment Notification Made on Behalf of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.Trustee 4 Insert in Global Notes only

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the Indenture at then outstanding Notes, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer’s or a Subsidiary Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or release any Subsidiary Guarantor or Collateral pursuant to secure the Indenture and Notes and/or the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderGuarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Securities and Exchange Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedset forth in the Indenture, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at Notes then outstanding, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented, to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect acceptance of appointment under the interests Indenture of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a tender offer or exchange offer for, on behalf of the Holders of all or purchase of, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuer’s or any Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of substantially all of the Issuer’s assets to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add conform the text of the Indenture, the Subsidiary Guarantees or release the Notes to any provision contained in the “Description of Notes” in the Prospectus Supplement, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture for the Indenture and purpose of providing a Subsidiary Guarantee in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect provisions of the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the Indenture at then outstanding Notes, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer’s or a Subsidiary Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or release any Subsidiary Guarantor or Collateral pursuant to secure the Indenture and Notes and/or the Collateral Agreements and Guarantees. Back to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.Contents

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedset forth in the Indenture, (i) the amendment thereof Indenture and the modification Notes may be amended without prior notice to any Holder of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee Notes but with the written consent of the Holders of at least a majority in aggregate principal amount of the outstanding Notes at then outstanding voting as a single class (including, without limitation, consents obtained in connection with a tender offer, exchange offer for, or purchase of, the time Outstanding. The Indenture also contains provisions permitting Notes) and (ii) subject to Section 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, Additional Interest, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Notes or the Note Guarantees may be waived with the written consent of the Holders of specified percentages at least a majority in aggregate principal amount of the outstanding Notes at the time Outstandingvoting as a single class (including, on behalf of the Holders of all without limitation, consents obtained in connection with a tender offer, exchange offer for, or purchase of, the Notes). Subject to certain exceptions set forth in the Indenture, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without without the consent of any HolderHolder of Notes, the Company, the Subsidiary Guarantors Guarantors, and the Trustee may amend or supplement the Indenture Indenture, the Notes or the Notes Note Guarantees to (a) cure any ambiguity, defect defect, mistake, omission or inconsistencyinconsistency as evidenced in an Officers’ Certificate; (b) provide for the assumption of the Company’s or a Guarantor’s obligations to the Holders of the Notes or Note Guarantees, as applicable, by a Successor to qualify the Company or a successor to such Guarantor pursuant to Article 5 of the Indenture; (c) provide for uncertificated Notes in addition to or in place of certificated Notes; (d) add any Note Guarantees with respect to the Notes and to release Note Guarantees when required or permitted by the terms of the Indenture; (e) secure the Notes; (f) add to the covenants of the Company or any Guarantor for the benefit of the Holders of all Notes or the Note Guarantees or to surrender any right or power conferred upon the Company or any Guarantor; (g) make any change that would provide any additional rights or benefits to the Holders of all of the Notes or the Note Guarantees or, in the good faith opinion of the Company, that does not adversely affect the legal rights hereunder of any Holder of the Notes or any Guarantor; (h) comply with the requirements of applicable Gaming Laws or to provide for requirements imposed by applicable Gaming Authorities; (i) comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA; (j) conform the text of the Indenture, the Notes or the Note Guarantees to any provision of the “Description of Notes” contained in any offering memorandum relating to the initial offering of all of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture or such Notes (as evidenced by an Officers’ Certificate of the Company and Opinion of Counsel); (k) provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date thereof; (l) evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Notes and to add to or release change any Subsidiary Guarantor of the provisions of the Indenture as shall be necessary to provide for or Collateral facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the Indenture requirements of Section 7.08 of the Indenture; (m) change the Registrar or Paying Agent; and the Collateral Agreements and to make certain other specified changes and other changes (n) remove redemption provisions included in any Notes that do not adversely affect the interests of any Holderare no longer in effect.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Guarantee may be amended or supplemented with the consent of the Holders of a majority in aggregate principal amount of the Notes at then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the time Outstanding. The Indenture also contains provisions permitting Notes), and, subject to Sections 6.4 and 6.7 of the Indenture, any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Notes or the Guarantee may be waived with the consent of the Holders of specified percentages a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding(including consents obtained in connection with a purchase of, on behalf of the Holders of all or tender offer or exchange offer for, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantee in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, TIA or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and issuance of additional Notes in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect limitations set forth in the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Supplemental Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture at or the Notes (other than any time provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by the Companyway of amendment, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA, TIA or otherwise as necessary to add comply with applicable law or release any Subsidiary Guarantor (vii) to conform the Supplemental Indenture or Collateral pursuant the Notes to the Indenture and “Description of Notes” section of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderProspectus.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Supplemental Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture at or the Notes (other than any time provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by the Companyway of amendment, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes pursuant to the Registration Rights Agreement, (iv) to provide for the assumption of the Issuers’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIATIA or otherwise as necessary to comply with applicable law, (vii) to add make any change in the provisions of the Indenture relating to waivers of past Defaults or release any Subsidiary Guarantor the rights of holders of Notes to receive payments of principal of, or Collateral pursuant premium, if any, or interest or Special Interest, if any, on the Notes or (vii) to conform the Supplemental Indenture or the Notes to the Indenture and “Description of Notes” section of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderOffering Circular.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes (and Additional Notes, if any) and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the (and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not materially adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Supplemental Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture at or the Notes (other than any time provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by the Companyway of amendment, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes or the Exchange Notes pursuant to the Registration Rights Agreement, (iv) to provide for the assumption of the Issuers’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIATIA or otherwise as necessary to comply with applicable law, (vii) to add make any change in the provisions of the Indenture relating to waivers of past Defaults or release any Subsidiary Guarantor the rights of holders of Notes to receive payments of principal of, or Collateral pursuant premium, if any, or interest or Special Interest, if any, on the Notes or (viii) to conform the Supplemental Indenture or the Notes to the Indenture and “Description of Notes” section of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderOffering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with certain exceptions as therein providedSubject to the following paragraphs, the amendment thereof Indenture, the Senior Subordinated Notes and the modification of Note Guarantees may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at Senior Subordinated Notes then outstanding (including, without limitation, consents obtained in connection with a purchase of or, tender offer or exchange offer for Senior Subordinated Notes), and any time by existing Default or Event of Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Senior Subordinated Notes or the Trustee Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Subordinated Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including consents obtained in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the connection with a tender offer or exchange offer for Senior Subordinated Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of Senior Subordinated Notes, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture Indenture, the Note Guarantees or the Senior Subordinated Notes to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Senior Subordinated Notes in addition to or in place of certificated Senior Subordinated Notes, to provide for the assumption of the Company's or a Subsidiary Guarantor's obligations to Holders of Senior Subordinated Notes in the case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of Senior Subordinated Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release allow any Subsidiary Guarantor to guarantee the Senior Subordinated Notes. Any amendments with respect to subordination provisions of the Notes or Collateral pursuant to the Indenture and Note Guarantees would require the Collateral Agreements and to make certain other specified changes and other changes that do not consent of the Holders of at least 75% in aggregate amount of Notes then outstanding if such amendment would be adversely affect the interests rights of any Holderthe Holders of Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permitsSubject to certain exceptions, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under Trustee may amend or supplement the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes at (except for certain covenants and provisions of the time Outstanding. The Indenture also contains provisions permitting that cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of specified percentages a majority in aggregate principal amount of the Notes at the time Outstandingthen outstanding Notes, on behalf including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of the Holders of all or tender offer or exchange offer for the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any Holder, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to qualify provide for the assumption by a successor corporation, partnership or limited liability company of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, to secure the Notes, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to make any change to comply with any requirement of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, TIA or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests issuance of any HolderAdditional Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture , or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company’s or Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company’s assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release any Subsidiary Guarantor or Collateral evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the Indenture and requirements thereof, or to provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests issuance of any Holderexchange or private exchange notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture at any time by the Company, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or the Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes, and any existing Default or noncompliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuers' or any Guarantor's obligations to Holders in case of a merger or consolidation or sale of all or substantially all of the Issuers' or any Guarantor's property, to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the rights under the Indenture of any such Holder, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA. Notwithstanding the foregoing, Collateral may only be released with the consent of the Holders of at least 75% in aggregate principal amount of the then outstanding Notes in addition to add or release any Subsidiary Guarantor or releases of Collateral pursuant to the Indenture and expressly permitted by the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderDocuments.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by A2-7 existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Securities and Exchange Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuers' or Note Guarantors' obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Note Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedset forth in the Indenture, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders of at least a majority in principal amount of the Notes then outstanding under the Indenture at voting as a single class and any time by existing default (other than a payment default) or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults then outstanding under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of Notes, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture Indenture, the Note Guarantees or the Notes to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption by a successor corporation of the Company's or Guarantors' obligations to Holders of the Notes in case of a Disposition, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release any Subsidiary Guarantor or Collateral evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the Indenture and requirements thereof, or to provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests issuance of any Holderexchange or private exchange notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuer’s or any Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a tender offer or exchange offer for, on behalf of the Holders of all or purchase of, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuer’s or any Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of substantially all of the Issuer’s assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add conform the text of the Indenture, the Subsidiary Guarantees or release the Notes to any provision contained in the “Description of Notes” in the Offering Memorandum, to provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture for the Indenture and purpose of providing a Subsidiary Guarantee in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect provisions of the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all or tender offer or exchange offer for, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, ; to qualify provide for uncertificated Notes in addition to or in place of certificated Notes; to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company; to add additional Events of Default; to evidence and provide for the acceptance of appointment under the Indenture by a successor Trustee; to secure the Notes; to comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act; to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of its date; or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental Indenture and a Guarantee with respect to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the Indenture at then outstanding Notes, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect omission, defect, mistake or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer’s assets, to add or release Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Guarantors by the Indenture that does not adversely affect the rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or release any Subsidiary Guarantor or Collateral pursuant to secure the Indenture and Notes and/or the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderGuarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Senior Note Indenture, the modification of Senior Subsidiary Guarantees or the rights and obligations of Senior Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Senior Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanySenior Note Indenture, the Senior Subsidiary Guarantors and Guarantees or the Trustee Senior Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Senior Note, the CompanySenior Note Indenture, the Senior Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Senior Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Senior Note Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Senior Note Indenture under the TIA, Trust Indenture Act or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental Senior Note Indenture to the Senior Note Indenture and and/or a Senior Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderSenior Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof Indenture and the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then Outstanding Notes, including Additional Notes, if any, and any existing Default or compliance with any provision of the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then Outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteincluding Additional Notes, if any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Indenture and the Notes may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency that does not adversely affect the rights of any Holder in any material respect, to provide for a successor Trustee may amend or supplement under the Indenture, to provide for the assumption of the Company’s obligations under the Indenture or the Notes to cure any ambiguity, defect or inconsistencyin accordance with the provisions in the Indenture, to qualify comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to secure the Notes or provide guarantees of the Notes, to provide for the issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes or release to surrender any Subsidiary Guarantor or Collateral pursuant rights of the Company under the Indenture, to add Events of Default with respect to the Indenture and the Collateral Agreements and Notes, to make certain other specified changes and other changes any change that do does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the interests acceptance of any Holderthe appointment of a successor Trustee under the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or the Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees, or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees, or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer's assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add evidence or release any Subsidiary Guarantor or Collateral pursuant to provide for the acceptance of appointment under the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be amended or supplemented with the consent of the Holders of a majority in aggregate principal amount of the then-outstanding Notes, and any existing default or compliance with any provision of the Indenture, the Guarantees or the Notes at may be waived with the time Outstanding. The Indenture also contains provisions permitting consent of the Holders of specified percentages a majority in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then-outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer’s or a Subsidiary Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer’s assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the rights under the Indenture of any such Holder, to provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or release any Subsidiary Guarantor or Collateral pursuant to secure the Indenture and Notes and/or the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderGuarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or any Subsidiary Guarantee may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and, subject to the terms of the Indenture at and any time by applicable Subsidiary Guarantee, any existing default or compliance with any provision of the CompanyIndenture, the Notes or any Subsidiary Guarantors and the Trustee Guarantee may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including consents obtained in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all connection with a tender offer or exchange offer for the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Notes and any Subsidiary Guarantors and the Trustee Guarantee may amend be amended or supplement the Indenture or the Notes supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Article 5 of the Indenture, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, TIA or to add or release any Subsidiary a Guarantor or Collateral pursuant to under the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Note Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights written consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Note Guarantees may be waived with the written consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors Notes and the Trustee Note Guarantees may amend be amended or supplement the Indenture or the Notes supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s or any Note Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect in any material respects the rights under the Indenture of any such Holder, to release a Note Guarantor from its obligations under its Note Guarantee, the Notes or the Indenture in accordance with the applicable provisions of the Indenture or to add Note Guarantees with respect to the Notes, to provide additional Note Lien Collateral as security for the Notes or to release Note Liens in favor of the Note Lien Collateral Agent in accordance with the applicable provisions of the Indenture, to issue Additional Notes as permitted in the Indenture, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release any Subsidiary Guarantor or Collateral pursuant to evidence and provide for the acceptance of appointment under the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees, or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees, or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of an Issuer's or a Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of such Issuer's or Subsidiary Guarantor's assets, to add or release Subsidiary Guarantors pursuant to the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or surrender any right or power conferred upon the Issuers or the Subsidiary Guarantors by the Indenture that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or release any Subsidiary Guarantor or Collateral pursuant to secure the Indenture and Notes and/or the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderGuarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantee or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at any time by the Companythen outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Subsidiary Guarantors Notes), and any existing default or compliance with any provision of the Trustee Indenture, the Guarantee or the Notes may be waived (other than a Default or Event of Default in the payment of the principal of, premium or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a tender offer or exchange offer for, on behalf of the Holders of all or purchase of, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantee or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or maintain in place of certificated Notes, to evidence the qualification assumption by a Successor Person of the Indenture covenants and obligations of the Issuer or the Guarantor under the TIAIndenture, the Notes then outstanding and the Guarantee, to add make any change that, in the good faith judgment of the Board of Directors of the Issuer, would provide any additional rights or release any Subsidiary Guarantor or Collateral pursuant benefits to the Indenture and Holders of the Collateral Agreements and to make certain other specified changes and other changes Notes or that do does not adversely affect the interests legal rights under the Indenture of any such Holder, to add guarantees or security with respect to the Notes, to evidence and provide for the acceptance of the appointment of a successor Trustee, to comply with the rules of any applicable securities depository, or to conform the text of the Indenture, the Notes or the Guarantee as provided in Section 9.01(h) of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes, and any existing Default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstandingthen outstanding. The Indenture also contains provisions permitting Change of Control and Asset Sale purchase features of the Holders Notes may not be amended or waived without the consent of specified percentages at least 66 2/3% in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notethen outstanding. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify comply with Section 5.1, to provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes under the Indenture or any Guarantor's Obligations under its Subsidiary Guarantee in the case of a merger, consolidation or sale of assets involving the Company or such Guarantor, as applicable, pursuant to Article 5 or Article 11 of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for Subsidiary Guarantees and any supplemental indenture required pursuant to Section 4.15 of the Indenture) or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements TIA and to make certain other specified changes and other changes that do not adversely affect release a Guarantor in accordance with the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes or the rights and obligations of Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class, and any existing Default or Event or Default or compliance with any provision of the Indenture at any time by or the Company, Notes or the Subsidiary Guarantors and the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes or the Guarantees may be amended or supplemented to cure any ambiguity, omission, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or maintain 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), to provide for the assumption by a successor Company of the obligations of the Company under the Indenture and the Notes, to provide for the assumption by a Successor Guarantor of the obligations of a Subsidiary Guarantor under the Indenture and its Guarantee, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any Holder, to comply with any requirement of the SEC in connection with the qualification of the Indenture under the TIA, to add Guarantees with respect to the Notes, to secure the Notes, to add to the covenants of the Issuers for the benefit of the Holders or release to surrender any Subsidiary Guarantor right or Collateral pursuant power conferred upon the Issuers, to effect any provision of the Indenture or to make certain changes to the Indenture and to provide for the Collateral Agreements and issuance of Additional Notes (subject to make certain other specified changes and other changes that do not adversely affect compliance with the interests of any Holdercovenants set forth in the Indenture).

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, or the modification of Debentures may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Debentures and additional Debentures, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Debentures may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstandingthen outstanding Debentures and additional Debentures, on behalf of the Holders of all the Notesif any, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Debenture, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes Debentures may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Debentures in addition to or in place of certificated Debentures, to provide for the assumption of the Issuers' obligations to Holders of the Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and issuance of additional Debentures in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect limitations set forth in the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permitsSubject to certain exceptions, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under Trustee may amend or supplement the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes, including Additional Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default in the payment of principal, premium, if any, interest or Additional Interest, if any, on the Notes) or compliance with any provision of the Indenture or the Notes at (except for certain covenants and provisions of the time Outstanding. The Indenture also contains provisions permitting which cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of specified percentages a majority in aggregate principal amount of the Notes at the time Outstandingthen outstanding Notes, on behalf including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of the Holders of all or tender offer or exchange offer for the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any Holder, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated notes in addition to or in place of certificated notes, to provide for the assumption of the Company’s or a Guarantor’s obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Company’s assets, to provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture on the date of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not adversely affect the legal rights under the Indenture of any Holder, to comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add allow any Guarantor to guarantee the Notes, or release to conform any Subsidiary Guarantor or Collateral pursuant provision of the Indenture to the Indenture and “Description of Notes” contained in the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderOffering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification Subsidiary Guarantees, the Notes or any of the rights and obligations of Security Documents may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the Indenture at Notes then outstanding, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees, the Trustee Security Documents or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notethen outstanding. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and Guarantees, the Trustee may amend or supplement the Indenture Security Documents or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or a Subsidiary Guarantor's obligations to Holders of the Notes by a successor to the Company or such Subsidiary Guarantor pursuant to Article 5 or Article 11 of the Indenture, to add to the covenants of the Company and its Subsidiaries under the Indenture for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and an endorsement on the Collateral Agreements and Notes evidencing a Subsidiary Guarantee with respect to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Senior Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Senior Notes and Additional Senior Notes, if any, voting as a single class (including consents obtained in connection with a tender offer or exchange offer for the Senior Notes), and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Senior Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Senior Notes, to waive compliance by if any, voting as a single class (including consents obtained in connection with a tender offer or exchange offer for the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this NoteSenior Notes). Without the consent of any HolderHolder of a Senior Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Senior Notes in case of a merger or consolidation pursuant to Article 5 of the Indenture, to provide for the Issuance of Additional Senior Notes, in accordance with the limitations set forth in the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release allow any Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantor or Collateral pursuant Guarantee with respect to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderSenior Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Supplemental Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Supplemental Indenture at or the Notes (other than any time provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by the Companyway of amendment, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Issuers and the Trustee may amend or supplement the Supplemental Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers' obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers' assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Supplemental Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Supplemental Indenture under the TIA, TIA or otherwise as necessary to add comply with applicable law or release any Subsidiary Guarantor (vii) to conform the Supplemental Indenture or Collateral pursuant the Notes to the Indenture and “Description of Notes” section of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderProspectus.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Exchange Debentures may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Exchange Debentures then outstanding (including consents obtained in connection with a tender offer or exchange offer for Exchange Debentures), and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Exchange Debentures may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notethen outstanding Exchange Debentures. Without the consent of any HolderHolder of an Exchange Debenture, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes Exchange Debentures may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Exchange Debentures in addition to or in place of certificated Exchange Debentures, to provide for the assumption of Holdings' obligations to Holders of the Exchange Debentures in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Exchange Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant Trust Indenture Act. Notwithstanding anything to the Indenture and contrary contained herein or in the Collateral Agreements and Indenture, the subordination provisions relating to make certain other specified changes and other changes that do this Exchange Debenture may not adversely affect be amended or modified without the interests prior consent, authorization or approval by all holders of any HolderDesignated Senior Debt.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Notes (including without limitation any Additional Notes) then Outstanding, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then Outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteincluding Additional Notes, if any). Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented, among other things, to cure any ambiguity, defect defect, omission or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to add guarantees with respect to the Notes, to add covenants, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture or to evidence and provide for the Collateral Agreements acceptance and to make certain other specified changes and other changes that do not adversely affect the interests appointment of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permitsSubject to certain exceptions, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors Trustee may amend or supplement the Indenture and the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Notes then outstanding (including, without limitation, consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a tender offer or exchange offer for, on behalf of the Holders of all or purchase of, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of Notes, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or reflect the release of any Subsidiary Guarantor from its Subsidiary Guarantee pursuant to Section 11.05 of the Indenture or Collateral to add any Subsidiary as a Subsidiary Guarantor pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Any existing Default or compliance with any provision of the Indenture at or the Notes (other than any time provision relating to the right of any Holder to bring suit for the enforcement of any payment of principal, premium, if any, any interest on the Note, on or after the scheduled due dates expressed herein) may be waived, including by the Companyway of amendment, the Subsidiary Guarantors and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Issuers and the Trustee may amend or supplement the Indenture or the Notes (i) to cure any ambiguity, mistake, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for or confirm the issuance of Additional Notes, (iv) to provide for the assumption of the Issuers’ obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Issuers’ assets, (v) to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Indenture of any such Holder, (vi) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, TIA or otherwise as necessary to add comply with applicable law or release any Subsidiary Guarantor (vii) to conform the Indenture or Collateral pursuant the Notes to the Indenture and “Description of Notes” section of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderProspectus.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder affected, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes to may be amended or supplemented to, among other things, cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of OPTI’s or a Guarantor’s obligations to Holders in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add evidence and provide for the acceptance of appointment by a successor trustee, to provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company’s or Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company’s assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release any Subsidiary Guarantor or Collateral evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the Indenture and requirements thereof, to provide for the Collateral Agreements and issuance of exchange or private exchange notes or to make certain other specified changes and other changes that do not adversely affect provide for the interests issuance of any HolderAdditional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Securities may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Securities, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Securities may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstandingthen outstanding Securities, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Security, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes Securities may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Securities in addition to or in place of certificated Securities, to provide for the assumption of the Company’s or Guarantor’s obligations to Holders of the Securities in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of additional Securities in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderSecurities.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuers' or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedset forth in the Indenture, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, ; to qualify provide for uncertificated Notes in addition to or maintain in place of certificated Notes; to provide for the qualification assumption of the Indenture under Issuers’ obligations to Holders of the TIA, to add Notes in case of a merger or release any Subsidiary Guarantor or Collateral consolidation pursuant to Article V of the Indenture; to provide for additional Guarantors as set forth in the Indenture and or for the Collateral Agreements and release or assumption of Guarantees in compliance with the Indenture; to make certain other specified changes and other changes any change that do would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the interests rights under the Indenture of any such Holder; to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein; or to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date thereof.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuers' or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of the rights and obligations of the Company and Notes or the Subsidiary Guarantors and Guarantees may be amended or supplemented with the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), and any existing Default or Event of Default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest (including Additional Interest), if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders (including consent obtained in connection with a purchase of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the or tender offer or exchange for Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to the Holders of the Notes in the case of a merger, consolidation or sale of all or substantially all of the assets of the Company, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof Indenture and the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then Outstanding Notes, including Additional Notes, if any, and any existing Default or compliance with any provision of the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then Outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteincluding Additional Notes, if any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors Indenture and the Trustee Notes may amend be amended or supplement supplemented to cure any ambiguity, omission, defect or inconsistency that does not adversely affect the rights of any Holder in any material respect, to provide for the assumption of the Company’s obligations under the Indenture or the Notes to cure any ambiguity, defect or inconsistencyin accordance with the provisions in the Indenture, to qualify comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to secure the Notes or provide guarantees of the Notes, to provide for the issuance of Additional Notes, to add covenants that would benefit the Holders of the Notes or release to surrender any Subsidiary Guarantor or Collateral pursuant rights of the Company under the Indenture, to add Events of Default with respect to the Indenture and the Collateral Agreements and Notes, to make certain other specified changes and other changes any change that do does not adversely affect any Outstanding Notes in any material respect, or to evidence and provide for the interests acceptance of any Holderthe appointment of a successor Trustee under the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Note Guarantee may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the Indenture at Notes then outstanding of all series affected voting together as one class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes), and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Note Guarantee may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders then outstanding of all the series affected voting together as one class (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the CompanyIssuers, the Subsidiary Guarantors Parent Guarantor and the Trustee may amend or supplement the Indenture Indenture, the Notes or the Notes Note Guarantee to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for or confirm the issuance of Additional Notes, to provide for the assumption of the Issuers’ or the Parent Guarantor’s obligations to Holders of Notes of any series in the case of a merger or consolidation or sale of all or substantially all of the Issuers’ assets, to release any Subsidiary Guarantee in accordance with the provisions of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of Notes of any series or that does not adversely affect the legal rights under the Indenture of any Holder, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, TIA or otherwise as necessary to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holdercomply with applicable law.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes, if any, voting as a single class (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes), and any existing default or compliance with any provisions of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented, to cure any ambiguity, omission, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to add or release any Subsidiary Guarantor or Collateral pursuant guarantees with respect to the Indenture and Notes, to secure the Collateral Agreements and Notes, to make certain other specified changes and other changes that do not adversely affect add to the interests covenants of the Company for the benefit of the Holders of the Notes or to surrender any Holderright or power conferred upon the Company or to appoint a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees, the rights and obligations of Collateral Documents or the Company and Notes may be amended or supplemented with the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees, the Trustee Collateral Documents or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees, the Trustee may amend or supplement the Indenture Collateral Documents or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of either of the Issuers' obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of that Issuers' assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the A2-8 qualification of the Indenture under the TIATrust Indenture Act or to enter into additional or supplemental Collateral Documents or an intercreditor agreement with a Pari Passu Debtholder. Any amendment to, or waiver of the provisions of any of the Collateral Documents relating to add Section 4.13 or release any Subsidiary Guarantor or Collateral pursuant to Article 10 of the Indenture and shall require the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect consent of the interests Holders of any Holderat least 85% in aggregate principal amount of Notes, then outstanding, voting as a single class.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s or any Guarantor’s obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Notes), and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages and Additional Notes, if any, voting as a single class (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all or tender offer or exchange offer for, the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, ; to qualify provide for uncertificated Notes in addition to or in place of certificated Notes; to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company; to add to the covenants of the Company for the benefit of the Holders or to surrender any right or power herein conferred upon the Company; to add additional Events of Default; to evidence and provide for the acceptance of appointment under the Indenture by a successor Trustee; to secure the Notes; to comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act; to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of its date; to allow any Guarantor to execute a supplemental Indenture and a Guarantee with respect to the Notes; or to release any Subsidiary Guarantor Collateral from the Liens created by the Indenture or Collateral pursuant to the Security Documents when permitted by the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderSecurity Documents.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes (including Additional Notes, if any) voting as a single class, and, except for any Default or Event of Default in the payment of the principal of, premium and Liquidated Damages, if any, or interest on, the Notes (including in connection with an offer to purchase), any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the (including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any) voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adversely affect any Holder, to provide for the assumption of Stater Bros.' obligations to Holders of the Notes in case of a merger, consolidation, or sale of assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and issuance of Additional Notes in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect limitations set forth in the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or A1-4 maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the A2-5 limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistencyinconsistency or to make a modification of a formal, minor or technical nature or to correct a manifest error, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with the covenant relating to mergers, consolidations and sales of assets, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to add Guarantees with respect to the Notes or to secure the Notes, to add to the covenants of the Company or any Guarantor for the benefit of the Holders of the Notes or surrender any right or power conferred upon the Company or any Guarantor, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release any Subsidiary Guarantor or Collateral evidence and provide for the acceptance and appointment under the Indenture of a successor trustee pursuant to the Indenture and requirements thereof, to provide for the Collateral Agreements and issuance of exchange or private exchange notes or to make certain other specified changes and other changes that do not adversely affect provide for the interests issuance of any HolderAdditional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, including the Floating Rate Notes, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by including the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this NoteFloating Rate Notes, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add enter into additional or release supplemental Collateral Documents. Any amendment to, or waiver of the provisions of any Subsidiary Guarantor of the Collateral Documents relating to Section 4.13 or Collateral pursuant to Article 10 of the Indenture and shall require the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect consent of the interests Holders of any Holderat least 85% in aggregate principal amount of Notes, including the Floating Rate Notes, then outstanding voting as a single class.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at Notes then outstanding, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented, to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add or release provide for the issuance of Notes issued after the Issue Date in accordance with the limitations set forth in the Indenture, to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and/or a Guarantee with respect to the Notes or to evidence and provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect acceptance of appointment under the interests Indenture of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at then outstanding Notes; provided, that no such modification may, without the time Outstanding. The Indenture also contains provisions permitting the consent of Holders of specified percentages at least 66_% in aggregate principal amount of the Notes at the time Outstandingoutstanding, on behalf modify the provisions (including the defined terms used therein) of the Holders of all the Notes, to waive compliance by the Company with certain provisions Section 4.14 of the Indenture and certain past defaults under in a manner adverse to the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this NoteHolders. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Cedel or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes or the rights and obligations of Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class, and any existing Default or Event or Default or compliance with any provision of the Indenture at any time by or the Company, Notes or the Subsidiary Guarantors and the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes or the Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s or a Guarantor’s obligations to Holders of the Notes and Guarantees in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add conform the text of the Indenture or release the Notes to any Subsidiary provision of the “Description of Notes” section of the Company’s Offering Memorandum dated February 19, 2004, relating to the initial offering of the Notes, to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes or the Guarantees; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture; or to allow any Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof Indenture and the modification of Securities may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights written consent of the Holders under of at least a majority in outstanding principal amount of the Indenture at any time by the CompanySecurities, the Subsidiary Guarantors voting as a single class, and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Notes at outstanding Securities, voting as a single class, by notice to the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to Trustee may waive an existing default or compliance by the Company with certain provisions a provision of the Indenture and or the Securities, subject to certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteexceptions. Without notice to or the consent of any Holder, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes Securities may be amended to cure any ambiguity, omission, defect or inconsistency, to qualify provide for the assumption by a Successor Company of the obligations of the Company under the Indenture and the Securities or maintain the qualification obligations of a Subsidiary Guarantor under its Subsidiary Guarantee, to provide for uncertificated Securities in addition to or in place of certificated Securities, to add additional Guarantees with respect to the Securities including any new Guarantees, to secure the Securities, to add to the covenants of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company, to make any change that does not adversely affect the rights of any Holder, to comply with any requirement of the SEC in connection with qualifying the Indenture under the TIATrust Indenture Act, to add provide for the issuance of the Exchange Securities, to provide for the issuance of Additional Securities in accordance with the Indenture, to conform the text of the Indenture, the Subsidiary Guarantees or release the Securities to any Subsidiary Guarantor or Collateral pursuant provision of the “Description of Notes” in the Offering Memorandum to the Indenture extent that such provision in the Description of Notes was intended to be a verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Securities, or to evidence and provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests acceptance of any Holderan appointment of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes (and Additional Notes, if any) voting as a single class, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the (and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any) voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and Issuance of Additional Notes in accordance with the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect limitations set forth in the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes (including Additional Notes, if any) voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the (including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any) voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Subsidiary Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Guaranties or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guaranties or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guaranties or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes including Additional Notes, if any, voting as a single class, and any existing Default or Event of Default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (i) to cure any ambiguity, defect or inconsistency, (ii) to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, (iii) to provide for the assumption of either Issuers’ obligations to Holders of the Notes in the case of a merger or consolidation or sale of all or substantially all of such Issuers’ assets, (iv) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, (v) to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, (vi) to add a Guarantee of the Notes or to release the Guarantee of Vanguard, (vii) to conform the text of the Indenture, the Notes or the Guarantees to any Subsidiary Guarantor provision of the “Description of Senior Notes” in the Offering Memorandum to the extent that such provision in the Description of Senior Notes in the Offering Memorandum was intended to be a verbatim recitation of a provision of this Indenture, the Notes or Collateral the Guarantees or (viii) to evidence and provide for the acceptance and appointment under this Indenture of a successor Trustee thereunder pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holderrequirements thereof.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including the addition of any Guarantor) or that does not adversely affect the rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holder.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to provide for the assumption of Blount International's obligations to Holders of Xxxxx in respect of the Guarantees in the case of a merger or consolidation or sale of all or substantially all of Blount International's assets, to make any change xxxx would provide any additional rights or benefits to the Holders of the Notes or any other change that does not adversely affect the legal rights under the Indenture of any such Holder or to surrender any right or power conferred upon the Company or Blount International, to provide for the issuance of Xxxxxional Notes in accordance with the Indenture, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Trust Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderAct.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Senior Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Senior Notes and Additional Senior Notes, if any, voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Senior Notes), and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Senior Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Senior Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Senior Notes, to waive compliance by the Company if any, voting as a single class (including consents obtained in connection with certain provisions a purchase of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by tender offer or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteoffer for Senior Notes). Without the consent of any HolderHolder of a Senior Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Senior Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Senior Notes in addition to or in place of certificated Senior Notes, to provide for the assumption of the Company's or Guarantors' obligations to Holders of the Senior Notes in case of a merger or consolidation pursuant to Article 5 of the Indenture, to provide for the Issuance of Additional Senior Notes in accordance with the limitations set forth in the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Senior Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderSenior Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with certain exceptions as therein providedSubject to the following paragraphs, the amendment thereof and Indenture, the modification of the rights and obligations of the Company Notes and the Subsidiary Guarantors and Guarantees may be amended or supplemented with the rights consent of the Holders under of at least a majority in principal amount of the Indenture at Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Notes), and any time by existing Default or Event of Default (other than a Default or Event of Default in the Companypayment of the principal of, premium, if any, interest or Liquidated Damages, if any, on the Notes, except a payment default resulting from an acceleration that has been rescinded) or compliance with any provision of the Indenture, the Notes or the Subsidiary Guarantors and the Trustee Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages (including consents obtained in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the connection with a tender offer or exchange offer for Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any HolderHolder of Notes, the Company, the Subsidiary Guarantors Guaranteeing Subsidiaries and the Trustee may amend or supplement the Indenture Indenture, the Subsidiary Guarantees or the Notes to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or a Guaranteeing Subsidiary's obligations to Holders of the Notes in case of a merger, transfer of assets or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release allow any Guaranteeing Subsidiary Guarantor or Collateral pursuant to guarantee the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes or the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under the Indenture at any time by the Company, the Subsidiary Guarantors and the Trustee Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of then outstanding Notes including Additional Notes, if any, voting as a single class, and any existing Default or Event of Default or compliance with any provision of the Indenture or the Notes or the Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the including Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes or the Guarantees may be amended or supplemented to cure any ambiguity, omission, mistake, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to comply with Section 5.01 of the Indenture, to provide for the assumption of the Issuers’ or any Guarantors’ obligations to the Holders, to make any change that would provide any additional rights or benefits to the Holders or that does not adversely affect the legal rights under the Indenture of any such Holder, to add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Issuers, to comply with requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral evidence and provide for the acceptance and appointment under the Indenture of a successor Trustee pursuant to the Indenture and requirements thereof, to provide for the Collateral Agreements issuance of Exchange Notes or private exchange notes, which are identical to Exchange Notes except that they are not freely transferable and to make certain other specified changes and other changes that do not adversely affect add a Guarantor under the interests of any HolderIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least A1-4 101 a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedset forth in the Indenture, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Notes then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes), and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Notwithstanding the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstandingforegoing, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without without the consent of any HolderHolder of Notes, the CompanyIssuer, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Indenture, the Note Guarantees or the Notes to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Issuer's obligations to Holders of Notes in the case of a merger or consolidation or sale of all or substantially all of the Issuer's assets, to make any change that would provide any additional rights or benefits to the Holders of Notes or that does not materially adversely affect the legal rights under the Indenture of any such Holder, or to comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, Trust Indenture Act or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for additional Note Guarantees of the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or any Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permitsSubject to certain exceptions, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Subsidiary Guarantors and the rights of the Holders under Trustee may amend or supplement the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes with the consent of the Holders of a majority in aggregate principal amount of the Notes, including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of or tender offer or exchange offer for the Notes), and, subject to Sections 6.04 and 6.07 of the Indenture, any existing Default or Event of Default (except a continuing Default or Event of Default (i) in the payment of principal, premium, if any, or interest, including Special Interest, if any, on, the Notes at and (ii) in respect of a covenant or provision which under the time Outstanding. The Indenture also contains provisions permitting cannot be amended without the consent of each Holder) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of specified percentages a majority in aggregate principal amount of the Notes at the time OutstandingNotes, on behalf including Additional Notes, if any, then outstanding voting as a single class (including consents obtained in connection with a purchase of the Holders of all or tender offer or exchange offer for the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note). Without the consent of any Holder, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture or the Notes to cure any ambiguity, omission, defect or inconsistency, to qualify provide for the assumption by a Surviving Person of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or maintain in place of certificated Notes, to add additional Guarantees with respect to the Notes or release Subsidiary Guarantors from Subsidiary Guaranties as provided or permitted by the terms of the Indenture, to secure the Notes, to add to the covenants of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not adversely affect the rights of any Holder, to comply with any requirement of the Commission in connection with the qualification of the Indenture under the TIA, TIA or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests issuance of any HolderAdditional Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Note Guarantees or the rights and obligations of Notes may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Note Guarantees or the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Note Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any A2-5 additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, or to add or release allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to secure the Notes pursuant to the requirements of Section 4.12, to add any additional Guarantor or to release any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, to add any Guarantor or to release any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Trust Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderAct.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the Company, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation or sale of all or substantially all of the Company's assets, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to release a Guarantor from its obligation under its Subsidiary Guarantee or release this Indenture in accordance with the terms of this Indenture, to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence and provide the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect acceptance of the interests appointment of any Holdera successor Trustee under this Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Note Guarantees may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in aggregate principal amount of the then outstanding Notes voting as a single class, and any existing Default or Event of Default or compliance with any provision of the Indenture at any time by or the Company, Notes or the Subsidiary Guarantors and the Trustee Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Notevoting as a single class. Without the consent of any HolderHolder of Notes, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Note Guarantees may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company’s or a Guarantor’s obligations to Holders of the Notes and Note Guarantees by a successor to the Company or such Guarantor pursuant to the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the rights under the Indenture of any Holder, to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA, to add conform the text of the Indenture, the Notes or release the Note Guarantees to any Subsidiary provision of the “Description of Notes” section of the Offering Memorandum to the extent that such provision in that “Description of Notes” was intended to be a verbatim recitation of a provision of the Indenture, the Notes or the Note Guarantees, which intent may be evidenced by an Officer’s Certificate to that effect, to allow any Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes, or to evidence and provide for the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect acceptance of the interests appointment of any Holdera successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification Guarantees of the rights and obligations of Notes or the Company and Notes may be amended or supplemented with the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class and any time by existing default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Guarantees of the Trustee Notes or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and Guarantees of the Trustee may amend or supplement the Indenture Notes or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's, Holdings' or a Guarantor's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture or release to allow Holdings and/or any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, the modification of Notes or the rights and obligations of Parent Guarantee may be amended or supplemented with the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes, and any time by existing Default or compliance with any provision of the CompanyIndenture, the Subsidiary Guarantors and Notes or the Trustee Parent Guarantee may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the then outstanding Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Note. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Notes or the Notes Parent Guarantee may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation, to provide for additional Guarantors as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the rights under the Indenture of any such Holder, to comply with the provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes or beneficial interests therein, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, TIA or to add or release any Subsidiary Guarantor or Collateral pursuant to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture and as of the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any Holderdate thereof.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and the modification of the rights and obligations of the Company and Indenture, the Subsidiary Guarantors and Guarantees or the rights Notes may be amended or supplemented with the consent of the Holders under of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class, and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture Guarantees or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes, to provide for the assumption of the Company's obligations to Holders of the Notes in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the date of the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Subsidiary Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture, any Note Guarantee or the modification of Notes may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Indenture at then outstanding Notes and Additional Notes, if any, voting as a single class, and any time by existing default or compliance with any provision of the CompanyIndenture, any Note Guarantee or the Subsidiary Guarantors and the Trustee Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Notes at the time Outstanding, on behalf of the Holders of all the and Additional Notes, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this Noteif any, voting as a single class. Without the consent of any HolderHolder of a Note, the CompanyIndenture, the Subsidiary Guarantors and the Trustee may amend or supplement the Indenture any Note Guarantee or the Notes may be amended or supplemented to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Notes in addition to or in place of certificated Notes or to alter the provisions of Article 2 of the Indenture (including the related definitions) in a manner that does not materially adeversely affect any Holder, to provide for the assumption of the Company's or Guarantor's obligations to Holders of the Notes by a successor to the Company or a Guarantor in case of a merger or consolidation, to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIATrust Indenture Act, to add provide for the Issuance of Additional Notes in accordance with the limitations set forth in the Indenture, or release to allow any Subsidiary Guarantor or Collateral pursuant to execute a supplemental indenture to the Indenture and and/or a Note Guarantee with respect to the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. The Indenture permits, with Subject to certain exceptions as therein providedexceptions, the amendment thereof and Indenture or the modification of Debentures may be amended or supplemented with the rights and obligations of the Company and the Subsidiary Guarantors and the rights consent of the Holders under of at least a majority in principal amount of the Debentures then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Debentures) and any existing default or compliance with any provision of the Indenture at any time by or the Company, the Subsidiary Guarantors and the Trustee Debentures may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes at the time Outstanding. The Indenture also contains provisions permitting the Holders of specified percentages Debentures then outstanding (including, without limitation, consents obtained in aggregate principal amount of the Notes at the time Outstandingconnection with a purchase of, on behalf of the Holders of all the Notesor tender offer or exchange offer for, to waive compliance by the Company with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by or on behalf of the Holder of this Note shall be conclusive and binding upon such Holder and upon all future Holders of this Note and of any Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof whether or not notation of such consent or waiver is made upon this NoteDebentures). Without the consent of any HolderHolder of Debentures, the Company, the Subsidiary Guarantors Company and the Trustee may amend or supplement the Indenture or the Notes Debentures to cure any ambiguity, defect or inconsistency, to qualify provide for uncertificated Debentures in addition to or in place of certificated Debentures, to provide for the assumption of the Company's obligations to Holders of the Debentures in case of a merger or consolidation, or sale of all or substantially all of the Company's assets, to execute and deliver any document necessary or appropriate to release Liens on any Collateral in accordance with the terms of the Indenture, to make any change that would provide any additional rights or benefits to the Holders of the Debentures or that does not adversely affect the legal rights under the Indenture of any such Holder, or to comply with the requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA, to add or release any Subsidiary Guarantor or Collateral pursuant to the Trust Indenture and the Collateral Agreements and to make certain other specified changes and other changes that do not adversely affect the interests of any HolderAct.