Common use of AMENDMENT, SUPPLEMENT AND WAIVER Clause in Contracts

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, 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 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 (except for certain covenants and provisions of the Indenture that cannot be amended without the consent of each Holder) may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes 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). Without the consent of any Holder of a NoteHolder, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistency, (2) to provide for the assumption by a successor corporation of the obligations of the Company under the Indenture, to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide add Subsidiary Guarantors or additional obligors with respect to the Notes, to secure the Notes or the Subsidiary Guarantees, to add to the covenants of the Company for the assumption benefit of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or to surrender any right or power conferred upon the Company, to make any change that does not materially and adversely affect the legal rights under the Indenture of any such Holder, provided that to make any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of comply with any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 requirement of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteHolder, the Issuer and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) ; to provide for the assumption and discharge of an the Issuer’s 's obligations to Holders in the case of the Notes a merger or consolidation pursuant to Article 5 of the Indenture; to make changes in the Security Documents determined by the Issuer to be necessary or appropriate in connection with the execution and delivery by the Issuer of the initial New Credit Facility, (4) subject to certain limitations set forth in 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 legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented with the consent of the Holders 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 Indenture, the Note Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture Indenture, the Note Guarantees or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's or Guarantor's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for the acceptance Issuance of appointment under Additional Notes in accordance with the limitations set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture of and/or a successor TrusteeNote Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding Notesoutstanding. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s 's or the Parent's obligations to Holders of the Notes under the Indenture or any Guarantor's Obligations under its Guarantee in the case of a merger, consolidation or sale of assets involving an Issuer, the Parent or such Guarantor, as applicable, pursuant to Article 5 or Article 10 of the Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes (including providing for Guarantees of the Notes 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) TIA and to evidence or provide for release a Guarantor in accordance with the acceptance of appointment under the Indenture of a successor TrusteeIndenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture or (910) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be modified, amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notesvoting as a single class, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the Notes then outstanding Notesvoting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be modified, amended or supplemented supplemented: (1a) to cure any ambiguity, defect or inconsistency, inconsistency that does not adversely affect in any material respect the rights hereunder of any Holder of the Notes under the Indenture; (2b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3c) to alter the provisions of the Indenture to provide for the assumption of an Issuerthe Company’s obligations to the Holders of by a successor to the Notes Company pursuant to Article 5 of the Supplemental Indenture, ; (4d) 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 respect the legal rights under the Indenture hereunder of any such Holder, provided that any change Holder of the Notes; (e) to conform the Indenture provisions of the Notes to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 “Description of the Indenture or otherwise, Notes” and “Description of Debt Securities” section of the Prospectus; (6f) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain connection with the qualification of the Indenture under the Trust Indenture Act Act; (g) to comply with the rules of any applicable depositary; or (9h) to evidence or and provide for the acceptance of appointment under the Supplemental Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Securities Guarantee or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesOutstanding Securities affected by such amendment or supplemental indenture voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesOutstanding Securities affected thereby voting as a single class. The Indenture also provides for the calling and holding of meetings of the Holders of Notes that permit certain amendments to be made to the Indentures, the Securities Guarantee and the Notes by resolutions passed by the favourable votes of the Holders of at least 50% of the principal amount of the Notes (or any series thereof) present in person or by proxy at any such meeting. Without the consent of any Holder of a Note, the Indenture Indenture, the Securities Guarantee or the Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) ; to provide for the assumption of an the Issuer’s obligations to Holders of Notes in the Notes pursuant to Article 5 case of a merger, amalgamation or consolidation or sale of all or substantially all of the Indenture, (4) Issuer’s assets; add additional Guarantees with respect to the Notes; secure the Notes; to make any other 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect applicable Canadian or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeUnited States laws.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes of all series then outstanding Noteswhich are affected by such amendment voting as a single class, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the Notes of all series then outstanding Noteswhich are affected by such waiver voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented supplemented: (1a) to cure any ambiguity, defect or inconsistency, inconsistency that does not adversely affect in any material respect the rights hereunder of any Holder of the Notes under the Indenture; (2b) to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to alter the provisions of Article 2 hereof (3including the related definitions) in a manner that does not materially adversely affect any Holder; (c) to provide for the assumption of an Issuerthe Company’s obligations to the Holders of by a successor to the Notes Company pursuant to Article 5 of the Indenture, hereof; (4d) 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 respect the legal rights under the Indenture hereunder of any such Holder, provided that any change Holder of the Notes; (e) to conform the provisions of this Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 “Description of the Indenture or otherwise, Notes” section of the Offering Memorandum; (6f) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain connection with the qualification of the this Indenture under the Trust Indenture Act Act; or (9g) to evidence or and provide for the acceptance of appointment under the this Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions set forth in the Indenture, (i) the Indenture or the Notes may be amended or supplemented with the written consent of the Holders of not less than a majority in aggregate 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, such Notes) and (ii) any default may be waived with the written consent of the Holders of at least a majority in principal amount of the then outstanding Notes. Subject to certain exceptions set forth in the Indenture, without the consent of any Holder, the Company, the Subsidiary Guarantors and any existing default or compliance with any provision of the Trustees may amend the Indenture or the Notes: (i) to evidence the assumption by a successor Person of the obligations of the Company or any Subsidiary Guarantor under the Indenture, the Notes may be waived or a Subsidiary Guarantee, as applicable, in compliance with Article 5 of the Indenture; (ii) to add guarantees with respect to the Notes or release a Subsidiary Guarantor from its obligations under its Subsidiary Guarantee or the Indenture as permitted by the Indenture; (iii) to convey, transfer, assign, mortgage or pledge any property to or with the consent Trustees for benefit of the Holders of a majority the Notes; (iv) to surrender any right or power the Indenture may confer on the Company; (v) to add to the covenants made in principal amount the Indenture for the benefit of the then outstanding Notes. Without Holders of all Notes (as determined in good faith by the consent Company); (vi) to make any change that does not adversely affect the rights of any Holder in any material respect (as determined in good faith by the Company); (vii) to add any additional Events of a Note, the Indenture or Default; (viii) to secure the Notes may be amended or supplemented any Subsidiary Guarantee; (1ix) to evidence and provide for the acceptance of appointment by additional or successor Trustees with respect to the Notes; (x) to cure any ambiguity, defect or inconsistency, inconsistency in the Indenture; (2xi) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for conform the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 text of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 any provision contained under the heading “Description of Notes” in the Offering Memorandum to the extent that such provision contained under the heading “Description of Notes” in the Offering Memorandum was intended to be a verbatim recitation of a provision of the Indenture Indenture, the Notes or otherwise, the Subsidiary Guarantees (6as determined in good faith by the Company); (xii) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the Issue Date; (xiii) if permitted by applicable law, to combine the responsibilities and obligations of the U.S. Trustee and the Canadian Trustee into a single trustee for all purposes of the Indenture and the notes or to remove the Canadian Trustee, subject to the assumption of the Canadian Trustee’s obligations under the Indenture by the U.S. Trustee; (xiv) to make any amendment to the provisions of the Indenture relating to the transfer, legending and delegending of Notes as permitted by the Indenture, including, without limitation, to facilitate the issuance, administration and book-entry transfer of the Notes; provided, however, that (7A) compliance with the Indenture as so amended would not result in the Notes being transferred in violation of the Securities Act or any applicable securities law, including Canadian Securities Laws, and (B) such amendment does not materially and adversely affect the rights of Holders to transfer the Notes (except as may be required to comply with securities laws); and (xv) to add supplement any additional Guarantor with respect provisions of the Indenture necessary to defease and discharge the Notes or to evidence the release Indenture (in accordance with the defeasance or discharge provisions, of the Indenture), provided that such action does not adversely affect the interests of the Holders of any Guarantor from its Subsidiary Guarantee, Notes in each case any material respect (as provided determined in good faith by the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeCompany).

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the this Supplemental Indenture or the Notes may be amended or supplemented with the consent (which may include consents obtained in connection with a tender offer or exchange offer for Notes) of the Holders of at least a majority in principal amount of the Notes then outstanding Notesoutstanding, and any existing default Default or Event of Default (other than any continuing Default or Event of Default in the payment of interest on or the principal of the Notes) under, or compliance with any provision of of, the Indenture or the Notes this Supplemental Indenture may be waived with the consent (which may include consents obtained in connection with a tender offer or exchange offer for Notes) of the Holders of a majority in principal amount of the Notes then outstanding Notesoutstanding. Without the consent of any Holder of a NoteHolder, the Company, the Subsidiary Guarantors and the Trustee may amend this Supplemental Indenture or the Notes may be amended or supplemented (1) waive any provision of the Indenture or this Supplemental Indenture to cure any ambiguity, defect or inconsistency, (2) to comply with Section 3.10; to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) ; 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the this Supplemental Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) ; to comply with the requirements of the SEC in order to effect or maintain the qualification of qualify the Indenture under the Trust Indenture Act Act; or (9) to evidence or provide for reflect a Subsidiary Guarantor ceasing to be liable on the acceptance Subsidiary Guarantees because it is no longer a Subsidiary of appointment under the Indenture Company. Without the consent of a successor Trustee.each Holder affected, the Company may not

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders of at least a majority in principal amount of the Notes then outstanding Notesvoting as a single class, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the Notes then outstanding Notesvoting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented supplemented: (1a) to cure any ambiguity, defect or inconsistency, inconsistency that does not adversely affect in any material respect the rights hereunder of any Holder of the Notes under the Indenture; (2b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3c) to alter the provisions of the Indenture to provide for the assumption of an Issuerthe Company’s obligations to the Holders of by a successor to the Notes Company pursuant to Article 5 of the Supplemental Indenture, ; (4d) 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 respect the legal rights under the Indenture hereunder of any such Holder, provided that any change Holder of the Notes; (e) to conform the Indenture provisions of the Notes to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 “Description of the Indenture or otherwise, Notes” and “Description of Debt Securities” section of the Prospectus; (6f) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain connection with the qualification of the Indenture under the Trust Indenture Act Act; (g) to comply with the rules of any applicable depositary; or (9h) to evidence or and provide for the acceptance of appointment under the Supplemental Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders 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 Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions regarding payment and exchange of Notes in a manner that does not materially adversely affect any Holder, (3) to provide for the assumption of an Issuer’s the Company's or Guarantor's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that to allow any change Guarantor to conform execute a supplemental indenture to the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the and/or a Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor Guarantee with respect to the Notes Notes, or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for the acceptance issuance of appointment under Additional Notes in accordance with the limitations set forth in the Indenture of or to allow any Guarantor to execute a successor Trusteesupplemental indenture to the Indenture and/or Subsidiary Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders 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 Default or Event of Default or compliance with any provision of the Indenture or the Notes or the Note Guarantees may be waived with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a NoteNotes, the Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe 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 Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to materially adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA, to enter into additional or supplemental Security Documents, to release Collateral in accordance with the terms of this Indenture Act or (9) and the Security Documents, to evidence or provide for the acceptance issuance of appointment under additional Notes in accordance with the limitations set forth in the Indenture of or to allow any Guarantor to execute a successor Trusteesupplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s or Guarantor’s obligations to Holders of the Notes or a Subsidiary Guarantee pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Notes). Without the consent of the Holders of at least 66 2/3% in aggregate principal amount of the Notes then outstanding, an amendment or waiver may not affect the Liens in favor of the Trustee and the Holders created under the Collateral Documents in a manner adverse to the Holders (other than pursuant to the release of Collateral in accordance with the provisions of the Indenture and of the applicable Collateral Documents) or release all or any material portion of the Collateral. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for the acceptance issuance of appointment under additional notes in accordance with the limitations set forth in the Indenture or to provide for additional Subordinated Guarantors. -------- 2 [If Regulation S Temporary Global Note, add the following paragraph: This Regulation S Temporary Global Note is exchangeable in whole or in part for one or more Global Notes only (i) on or after the termination of a successor Trusteethe 40-day restricted period (as defined in Regulation S) and (ii) upon presentation of certificates (accompanied by an opinion of counsel, if applicable) required by Article 2 of the Indenture. Upon exchange of this Regulation S Temporary Global Note for one or more Global Notes, the Trustee shall cancel this Regulation S Temporary Global Note.]

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, and any existing default Default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Issuers' obligations to Holders of the Notes pursuant in case of a merger or consolidation, to Article 5 provide for additional Guarantees as set forth in the Indenture or for the release or assumption of Guarantees in compliance with the Indenture, (4) 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 legal rights under the Indenture of any such Holder, provided that any change to conform comply with the Indenture provisions of the Depositary, Euroclear or Clearstream or the Trustee with respect to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 provisions of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes relating to transfers and exchanges of Notes or to evidence the release of any Guarantor from its Subsidiary Guaranteebeneficial interests therein, in each case as provided in the Indenture, (8) or to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Definitive Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 6 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum Prospectus Supplement shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 5.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 6.01 of the Indenture or (910) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change Holder or to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderMemorandum, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented with the consent of the Holders 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 Default or Event of Default (except a continuing Default or Event of Default in the payment of the principal of, premium, if any, or interest on, the Notes) or compliance with any provision of the Indenture Indenture, the Notes or the Notes Note Guarantees may be waived 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. Without the consent of any Holder of a Note, the Indenture Indenture, the Notes or the Notes Note Guarantees may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes (3provided that the uncertificated notes are issued in registered form for purposes of Section 163(f) of the Internal Revenue Code of 1986); to provide for the assumption of an Issuerthe Company’s or a Guarantor’s obligations to Holders of the Notes pursuant to Article 5 and Note Guarantees in case of the Indenturea merger or consolidation, (4) 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, provided that any change ; to conform the Indenture to text of the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderIndenture, (5) to secure the Notes or the Subsidiary Note Guarantees pursuant to Section 4.12 any provision of the Indenture “Description of Notes” section of the Company’s Offering Memorandum dated October 30, 2018, 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 Note Guarantees or otherwise, (6) the Notes; to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) ; or to add allow any additional Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Pledge and Escrow Agreement or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesNotes voting as a single class, and any existing default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes voting as a single class. However, without the consent of at least 75% in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, such Notes), no waiver or amendment to either the Indenture or the Pledge and Escrow Agreement may make any change in the provisions of Section 4.19 or Article 10 of the Indenture or the Pledge and Escrow Agreement that adversely affects the rights of any Holder of Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 6 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum Prospectus Supplement shall not be deemed to not adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 5.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 Indenture, the Guarantees, or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture Indenture, the Guarantees, or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s '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 Article 5 the terms of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add additional Events of Default or to secure the Notes and/or the Guarantees.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesNotes voting as a single class, and any existing default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a NoteHolder, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, omission, defect or inconsistencyinconsistency in any manner that is not adverse in any material respect to any Holder, (2) to provide for the assumption by a successor corporation of the obligations of the Issuer in accordance with the Indenture, provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, (3or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code), add Guarantees with respect to provide for the assumption of an Issuer’s obligations Notes or to Holders release Guarantors of the Notes pursuant from Guarantees with respect to Article 5 the Notes as permitted by the terms of the Indenture, (4) secure the Notes, to add to the covenants of the Issuer for the benefit of the Holders or to surrender any right or power conferred upon the Issuer, 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) make any change to secure comply with any requirement of the Notes or Commission in connection with the Subsidiary Guarantees pursuant to Section 4.12 qualification of the Indenture under the TIA or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of 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). Without However, without the consent of any Holder of a NoteNotes, the Issuers, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the such legal rights under the Indenture of any Holderrights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act TIA, or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Note Guarantees, the Collateral Documents or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, voting as a single class, and any existing default or compliance with any provision of the Indenture Indenture, the Note Guarantees, the Collateral Documents or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes, voting as a single class. Without the consent of any Holder of a Note, the Indenture Indenture, the Note Guarantees, the Collateral Documents or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s either of the Issuers’ obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation or sale of all or substantially all of that Issuers’ assets, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence enter into additional or provide for supplemental Collateral Documents. Any amendment to, or waiver of the acceptance provisions of appointment under any of the Collateral Documents relating to Section 4.13 or Article 10 of the Indenture shall require the consent of the Holders of at least 85% in aggregate principal amount of Notes, then outstanding, voting as a successor Trusteesingle class.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or and the Notes Securities may be amended or supplemented with the written consent of the Holders of at least a majority in outstanding principal amount of the then outstanding NotesSecurities, and any existing default Default or compliance with any provision of the Supplemental Indenture or the Notes Securities may be waived with the written consent of the Holders of at least a majority in outstanding principal amount of the then outstanding NotesSecurities. Without the consent of any Holder of a NoteSecurity, the Indenture Supplemental Indenture, the Subsidiary Guarantees or the Notes Securities may be amended or supplemented (1a) to cure any ambiguity, defect or inconsistency, (2b) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3c) to provide for the assumption of an Issuerthe Company’s or a Guarantor’s obligations to Holders of the Notes pursuant to Article 5 of the IndentureSecurities in specified circumstances, (4d) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not adversely materially affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5e) to comply with any requirement of the SEC in connection with qualifying the Supplemental Indenture under the Trust Indenture Act or maintaining such qualification, (f) to add or release Guarantors in compliance with the Supplemental Indenture, to appoint a successor Trustee or to add additional Events of Default, (g) to secure the Notes Securities, (h) to conform the text of the Supplemental Indenture, the Securities or the Subsidiary Guarantees pursuant to Section 4.12 “Description of the Indenture or otherwise, Notes” in the Company’s prospectus supplement respecting the Initial Securities and (6i) to provide for the issuance of Additional Notes Securities and related Subsidiary Guarantees in accordance with the limitations set forth in the Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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, subject to Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of 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). Without However, without the consent of any Holder of a NoteNotes, the Issuers, the Guarantors and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the such legal rights under the Indenture of any Holderrights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to make any amendment to the provisions of the Indenture relating to the transfer and legending of the Notes as permitted by this Indenture, as long as such amendment would not result in the Notes being transferred in violation of the applicable securities laws or materially and adversely affect the rights of Holders to transfer Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, Notes and any existing default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Noteaffected, the Indenture or the Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an IssuerOPTI’s or a Guarantor’s obligations to Holders in case of the Notes pursuant to Article 5 of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) TIA, to evidence or and provide for the acceptance of appointment under by a successor trustee, to provide for the issuance of Additional Notes in accordance with the provisions set forth in the Indenture, or to allow any Guarantor to execute a supplemental indenture to the Indenture of and/or a successor TrusteeSubsidiary Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesNotes voting as a single class, and any existing default or compliance with any provision of the Indenture, the Subsidiary Guarantees or the Notes (other than a Default or Event of Default in the payment of the principal of or premium, if any, Liquidated Damages, if any, or interest on the Notes) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to ; provide for uncertificated Notes in addition to or in place of certificated NotesNotes (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code, (3or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) to of the Code); provide for the assumption of an Issuer’s the Company's obligations to Holders of Notes in the Notes pursuant to Article 5 case of a merger or consolidation or sale of all or substantially all of the Indenture, (4) to Company's assets; 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to ; provide for the issuance of Additional Notes in accordance with the limitations provisions set forth in this Indenture; evidence and provide for the acceptance of an appointment of a successor Trustee; conform this Indenture or the Notes to the "Description of Notes" set forth in the Indenture, (7) to Offering Memorandum; add any additional Guarantor Subsidiary Guarantees with respect to the Notes Notes; or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article Section 5 of the First Supplemental Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the First Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Subsidiary Guarantor with respect to the Notes or to evidence the release of any Subsidiary Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount Principal Amount of the then outstanding Notes voting as a single class, and, subject to Sections 6.04, 6.07 and 6.08 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, on, or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded) may be waived by the Holders of at least a majority in Principal Amount of Notes then outstanding voting as a single class. Subject to Sections 6.04, 6.07 and any existing default or 6.08 of the Indenture, compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount Principal Amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Certificated Notes or to alter the provisions of Article 2 of the Indenture (3including the related definitions) in a manner that does not adversely affect any Holder; to provide for the assumption of an Issuer’s the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 of the Indenture, (4) ; to make any change that would provide any additional rights or benefits to the Holders of the Notes or Notes; to make any change that is not inconsistent with the Indenture and does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture Holder of any Holder, (5) to secure the Notes Notes; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Debentures or the Notes Debenture Guarantee may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesDebentures voting as a single class, and any existing default or compliance with any provision of the Indenture Indenture, the Debentures or the Notes Debenture Guarantee may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesDebentures voting as a single class. Without the consent of any Holder of a NoteDebenture, the Indenture Indenture, the Debentures or the Notes Debenture Guarantee may be amended or supplemented (1) to cure any ambiguity, defect or inconsistencyinconsistency in a manner that does not adversely affect the interests of the Holders, (2) to provide for uncertificated Notes in addition to or in place of certificated Notesa successor Trustee under the Indenture, (3) to provide for the assumption of an Issuer’s the Company's or the Guarantor's obligations to the Holders of the Notes pursuant Debentures by a successor to Article 5 of the Company in accordance with the provisions in the Indenture, (4) to make any change that would provide any additional rights or benefits to any or all of the Holders of the Notes or that does not adversely affect the legal rights under the Indenture of any such HolderDebentures, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust TIA, to secure the Debentures, to increase the Conversion Rate or reduce the Conversion Price, provided that the increase or reduction, as the case may be, is in accordance with the terms of this Indenture Act or (9) will not adversely affect the interests of the Holders of the Debentures, or to evidence conform the text of the Indenture, the Debentures or provide for the acceptance of appointment under the Indenture of Debenture Guarantee to any provision that was meant to be a successor Trusteeverbatim description thereof as originally communicated to investors.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following --------------------------------- paragraphs and to the provisions of the Indenture, the Indenture or Indenture, the Notes Securities and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Securities then outstanding Notes(including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities), and any existing default or compliance with any provision of the Indenture or Indenture, the Notes Securities and the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding NotesSecurities (including consents obtained in connection a purchase of, or with a tender offer or exchange offer for, Securities). Any amendment to the provisions of Article 10 or 12 shall require the consent of the Holders of at least 75% in aggregate principal amount of Securities then outstanding if such amendment would adversely affect the rights of the Holders of Securities. Without the consent of any Holder of a NoteSecurities, the Indenture Company, the Guarantors and the Trustee may amend or supplement the Indenture, the Securities or the Notes may be amended or supplemented (1) Subsidiary Guarantees to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an Issuer’s the Company's or a Guarantor's obligations to Holders of Securities in the Notes pursuant to Article 5 case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not materially adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, to allow any Subsidiary to guarantee the Securities or (9) to evidence or provide for the acceptance issuance of appointment under the Indenture of a successor TrusteeExchange Securities or Additional Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwiseIndenture, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture or (910) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Fourteenth Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Fourteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Fourteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Fourteenth Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Fourteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Fourteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Fourteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated January 9, 2020.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Securities Guarantee or the 2024 Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesOutstanding Securities affected by such amendment or supplemental indenture voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2024 Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesOutstanding Securities affected thereby voting as a single class. Without the consent of any Holder of a 2024 Note, the Indenture Indenture, the Securities Guarantee or the 2024 Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated 2024 Notes in addition to or in place of certificated 2024 Notes, (3) ; to provide for the assumption of an the Issuer’s obligations to Holders of 2024 Notes in the Notes pursuant to Article 5 case of a merger or consolidation or sale of all or substantially all of the Indenture, (4) Issuer’s assets; to add additional Securities Guarantees with respect to the 2024 Notes; to secure the 2024 Notes; to make any other change that would provide any additional rights or benefits to the Holders of the 2024 Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the applicable Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s 's obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Pledge Agreement or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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 or Pledge Agreement of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act. Without the consent of at least 75% in aggregate principal amount of the Notes then outstanding, no waiver or amendment to the Indenture or the Pledge Agreement may (i) release any Collateral from the Lien created by the Indenture and the Pledge Agreement, (ii) alter any of the provisions of the Pledge Agreement in a manner that adversely affects the rights of any Holder, or (9iii) to evidence make any change in Section 4.10 or provide for the acceptance 4.13 or Article 10 of appointment under the Indenture that adversely affect the rights of a successor Trusteeany Holder of Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesSecurities, and any existing default or compliance with any provision of the Indenture or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSecurities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities). Without the consent of any Holder of a NoteSecurity, the Indenture or the Notes Securities may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an the Issuer’s obligations to Holders of the Notes pursuant to Article 5 Securities in case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes Securities or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guaranteeguarantors, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence conform the text of the Indenture or provide for the acceptance of appointment Securities to any provision in the Prospectus, dated May 8, 2013, as supplemented by the Prospectus Supplement, dated May 13, 2014, with respect to the Securities, under the Indenture captions “Description of the Senior Notes” and “Description of Senior Unsecured Notes,” to the extent that such provision was intended to be a successor Trusteeverbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Note Documents may be amended or supplemented with the written consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes, and any existing default or compliance with any provision of the Indenture or the Notes Note Documents may be waived with the written consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes Note Documents may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of the Notes pursuant to Article ARTICLE 5 or ARTICLE 10 of the Indenture, as applicable, (4) 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 Note Documents of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum Description of Notes shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor or Collateral with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary GuaranteeGuarantee or the release of any Liens, in each case as provided in the IndentureIndenture or the other Note Documents, as applicable, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee or a successor Collateral Trustee, (10) to conform the text of the Note Documents to any provision described in the Description of Notes, (11) to make, complete or confirm any grant of Collateral permitted or required by the Note Documents; (12) to release or subordinate Liens on Collateral in accordance with the Note Documents; (13) with respect to the Note Documents, as provided in the Intercreditor Agreement and the Collateral Trust Agreement; and (14) to confirm and evidence the release, termination or discharge of any Lien with respect to or securing the Notes or the Subsidiary Guarantees when such release, termination or discharge is provided for in accordance with the Note Documents.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Fifteenth Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Fifteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Fifteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Fifteenth Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Fifteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Fifteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Fifteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated December 10, 2020.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesSecurities, and any existing default or compliance with any provision of the Indenture or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSecurities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities). Without the consent of any Holder of a NoteSecurity, the Indenture or the Notes Securities may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an the Issuer’s obligations to Holders of the Notes pursuant to Article 5 Securities in case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes Securities or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guaranteeguarantors), in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence conform the text of the Indenture or provide for the acceptance of appointment Securities to any provision in the Prospectus, dated March 29, 2010, as supplemented by the Prospectus Supplement, dated November 17, 2011, with respect to the Securities, under the Indenture caption “Description of the Senior Notes,” to the extent that such provision was intended to be a successor Trusteeverbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or Indenture, the Note Guarantees, the Notes and the Collateral Documents may be amended or supplemented with the consent of the Holders of at least a majority not less than 66-2/3% 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 Indenture, the Note Guarantees, the Notes or the Notes Collateral Documents may be waived with the consent of the Holders of a majority not less than 66-2/3% in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any). Without the consent of any Holder of a Note, the Indenture Indenture, the Note Guarantees, the Notes or the Notes Collateral Documents may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's or Guarantor's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes provided that the interests of the Holders would not be adversely affected thereby, to allow any Guarantor or (9) Heller Debtor Subsidiary to evidence enter into additional Collateral Documentx, xxxvided that the interests of the Holders would not be adversely affected thereby, or to provide for the acceptance issuance of appointment under Additional Notes, in accordance with the Indenture of a successor Trusteelimitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe exceptions set forth in the Indenture, the Indenture or Indenture, the Notes Notes, the Note Guarantees and the Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including, without limitation, Additional Notes, if any) voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Note Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the Notes (including, without limitation, Additional Notes, if any) then outstanding Notesvoting as a single class. Without the consent of any Holder of a NoteNotes, to the extent any such change would not adversely affect the Holders of Notes, the Indenture Indenture, the Notes, the Note Guarantees, the Security Documents or the Notes Intercreditor Agreement may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, ; (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3) to provide for the assumption of an Issuer’s obligations the Company's or a Guarantor's Obligations to the A1-8 Holders of the Notes pursuant to Article 5 and Note Guarantees in the case of a merger or consolidation or sale of substantially all of the IndentureCompany's or such Guarantor's assets, as applicable; (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, ; (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA; (96) to evidence provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture as of the Issue Date; (7) to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes or to release any Guarantor from its Note Guarantee as provided or permitted by the terms of the Indenture; (8) to provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee with respect to the Notes issued under the Indenture; or (9) to make, complete or confirm any Note Guarantee or any grant of Collateral permitted or required by the Indenture (including, without limitation, to provide for pari passu Liens permitted pursuant to sub-clause (b)(ii) of the proviso in clause (6) of the definition of "Permitted Liens" set forth in Section 1.01 of the Indenture) or any of the Security Documents or any discharge or release of any Note Guarantee or any Collateral that is permitted by the Indenture or any of the Security Documents. Any amendment to, or waiver of, any provision of the Indenture or any Security Document that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes and the Note Guarantees will require the consent of the Holders of at least 662/3% in aggregate principal amount of the Notes then outstanding.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Securities Guarantee or the 2023 Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesOutstanding Securities affected by such amendment or supplemental indenture voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2023 Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesOutstanding Securities affected thereby voting as a single class. Without the consent of any Holder of a 2023 Note, the Indenture Indenture, the Securities Guarantee or the 2023 Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated 2023 Notes in addition to or in place of certificated 2023 Notes, (3) ; to provide for the assumption of an the Issuer’s obligations to Holders of 2023 Notes in the Notes pursuant to Article 5 case of a merger or consolidation or sale of all or substantially all of the Indenture, (4) Issuer’s assets; add additional Guarantees with respect to the 2023 Notes; secure the 2023 Notes; to make any other change that would provide any additional rights or benefits to the Holders of the 2023 Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the applicable Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture or Indenture, the Notes and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders 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 Default or Event of Default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for Notes). Without the consent of any Holder of a NoteNotes, the Indenture Company and the Trustee may amend or supplement the Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's or a Subsidiary Guarantor's obligations to Holders of Notes in the Notes pursuant to Article 5 case of the Indenturea merger, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act. Any amendments with respect to subordination provisions of the Notes or (9) to evidence or provide for the acceptance Subsidiary Guarantees would require the consent of appointment under the Indenture Holders of a successor Trusteeat least 75% in aggregate amount of Notes then outstanding if such amendment would adversely affect the rights of the Holders of Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount aggregate Reduced Principal Amount of the then outstanding Notes, and any existing default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount aggregate Reduced Principal Amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe Company’s or a Guarantor’s obligations to Holders of the Notes pursuant to Article 5 of the Second Supplemental Indenture, (4) 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, provided that including any change increase in the Conversion Rate or other consideration due upon conversion of the Notes (whether or not subject to conform time limitations or other conditions), as determined in accordance with Section 901 of the Original Indenture to (as amended by Section 9.01 of the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderSecond Supplemental Indenture), (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Second Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification Section 11.11 of the Indenture under the Trust Indenture Act or (9) Second Supplemental Indenture, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities or to establish the forms or terms of Securities of any other series as permitted by the Indenture, to make provision with respect to adjustments to the Conversion Rate as required by the Second Supplemental Indenture or to increase the Conversion Rate in accordance with the Second Supplemental Indenture or to make any changes necessary or advisable, in the Company’s sole discretion, in order to effect the settlement of amounts due pursuant to Section 4.01 of the Second Supplemental Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or Indenture, the Notes and the Guarantees may be amended or supplemented with the consent of the Holders 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 Indenture, the Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes 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, (3) to provide for the assumption of an Issuer’s the Company's or a Guarantor's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform comply with Article 10 of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderIndenture, (5) to secure the Notes or the Subsidiary Guarantees pursuant to the requirements of Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to conform the text of the Indenture, the Guarantees or the Notes to any provision found under the heading "Description of the Notes" in the Company's Offering Memorandum relating to the Notes to the extent that such provision was intended to be a verbatim recitation of a provision of the Indenture, the Guarantees or the Notes, as applicable, or to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or Indenture, the Notes and the Subsidiary Guarantees issued hereunder may be amended or supplemented with the consent of the Holders 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 a tender offer or exchange offer for, the Notes), and, subject to the terms of the Indenture, the Notes and the Subsidiary Guarantees, any existing default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes (including, without limitation, consents obtained in connection with a tender offer or exchange offer for the Notes). Without the consent of any Holder of a NoteNotes, the Indenture Company, a Subsidiary Guarantor (with respect to a Subsidiary Guarantee or the Indenture to which it is a party) and the Trustee may amend or supplement the Indenture, or Notes may be amended or supplemented (1) the Subsidiary Guarantees to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) ; to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to comply with Article 5 of the Indenture, (4) ; to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not not, in the opinion of counsel, adversely affect the legal rights under the Indenture hereunder of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) ; to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act; to allow any Subsidiary Guarantor to guarantee the Notes; or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trusteetrustee in compliance with the requirements of Section 7.08 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Exhibit 1 to App.-8 Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Eleventh Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Eleventh Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Eleventh Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Eleventh Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Eleventh Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Eleventh Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Eleventh Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated December 4, 2017.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Exhibit 1 to App. - 8 Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes, the Note Guarantees or the Notes Security Documents may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (subject, in the case of the Security Documents, to any further requirements in the Collateral Trust Agreement), and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Notes, the Note Guarantees or the Notes Security Documents may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class (subject, in the case of the Security Documents, to any further requirements in the Collateral Trust Agreement). Without the consent of any Holder of a NoteNotes, the Indenture Indenture, the Notes, the Note Guarantees or the Notes Security Documents may be amended or supplemented (1subject, in the case of the Security Documents, to any further requirements in the Collateral Trust Agreement): (i) to cure any ambiguity, defect or inconsistency, ; (2ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3iii) to provide for the assumption of an Issuer’s or a Guarantor’s obligations to Holders of Notes and Note Guarantees in the Notes pursuant to Article 5 case of the Indenturea merger or consolidation or sale of all or substantially all of such Issuer’s or Guarantor’s properties or assets, as applicable; (4iv) 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, provided that any change ; (v) to conform the Indenture text of the Indenture, the Notes, the relevant Security Documents or the Note Guarantees to any provision of the “Description of Notes” section of the Issuers’ Offering Memorandum dated March 8, 2018, to the Offering Memorandum shall not extent that such provision in that “Description of Notes” was intended to be deemed to adversely affect a verbatim recitation of a provision of the legal rights under Indenture, the Indenture of any HolderNotes, (5) to secure the Notes relevant Security Documents or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, Note Guarantees; (6vi) to provide for the issuance of Additional Notes and related Note Guarantees (and the grant of security for the benefit of the Additional Notes and related Note Guarantees) in accordance with the limitations set forth in the Indenture, ; (7vii) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Note Guarantee, in each case as provided in the Indenture, ; (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9viii) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or evidence and provide for a successor or replacement Collateral Trustee under the Security Documents; (ix) to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security Documents or any release of Collateral or discharge or termination of any Lien on Collateral that becomes effective as set forth in the Indenture or any of the Security Documents; (x) to add additional secured parties to the extent Liens securing obligations held by such parties are permitted under the Indenture or any of the Security Documents; (xi) to mortgage, pledge, hypothecate or grant a security interest for the benefit of the Trustee and the Holders of the Notes as additional security for the payment and performance of the Issuers’ and any Guarantor’s obligations under this Indenture, in any property, or assets, including any of which are required to be mortgaged, pledged or hypothecated, or in which a security interest is required to be granted to the Trustee or the Collateral Trustee in accordance with the terms of this Indenture or otherwise; (xii) to provide for the succession of any parties to the Security Documents (and other amendments that are administrative or ministerial in nature) in connection with an amendment, renewal, extension, substitution, refinancing, restructuring, replacement, supplementing or other modification from time to time of any agreement in accordance with the terms of this Indenture and the relevant Security Document; (xiii) with respect to the Security Documents, as provided in the Collateral Trust Agreement; and (xiv) to make any change not adverse to the Holders of the Notes in order to facilitate entry into the ABL Documents or Junior Lien Documents.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Eighth Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Eighth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Eighth Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Eighth Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Eighth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Eighth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Eighth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated August 7, 2017.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe exceptions set forth in the Indenture, the Indenture or Notes, the Notes Note Guarantees, the Collateral Documents, (as and to the extent set forth therein as of the Issue Date) and, with the consent of the First Priority Agent, the Intercreditor Agreement, may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes, ). Subject to Sections 6.04 and any existing default or compliance with any provision 6.07 of the Indenture or the Notes may be waived with the consent of Indenture, the Holders of a majority in aggregate principal amount of the Notes then outstanding may waive compliance in any particular instance by the Issuer or the Guarantors with any provision of the Indenture, the Notes, the Note Guarantees, the Collateral Documents or, with the consent of the First Priority Agent, the Intercreditor Agreement (including waivers and consents obtained in connection with a tender offer or exchange offer for, or purchase of, the Notes). Without the consent of any Holder of a NoteHolder, the Indenture Indenture, the Notes, the Note Guarantees, the Collateral Documents or the Notes Intercreditor Agreement may be amended or supplemented (1i) to cure any ambiguity, defect or inconsistency, ; (2ii) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3iii) to provide for the assumption of an the Issuer’s or a Guarantor’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Notes pursuant to Article 5 of the IndentureIssuer’s or such Guarantor’s assets, as applicable; (4iv) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, ; (5v) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust TIA; (vi) to conform the text of the Indenture Act or Documents to any provision of the “Description of Notes” section of the Offering Memorandum to the extent that such provision was intended to be a verbatim recitation of the applicable of any Indenture Document, which intent shall be evidenced by an Officers’ Certificate of the Issuer to that effect; (9vii) to make such provisions as necessary (as determined in good faith by the Issuer) for the issuance of Exchange Notes and Additional Notes; (viii) to evidence or and provide for the acceptance of an appointment of a successor trustee under the Indenture pursuant to the requirements thereof; (ix) to allow any Guarantor to execute a supplemental indenture to evidence its Note Guarantee with respect to the Notes or to release a Guarantor from its Note Guarantee in accordance with the terms of a successor Trusteethe Indenture; or (x) to enter into additional or supplemental Collateral Documents or to release Collateral from the Lien of the Indenture or the Collateral Documents in accordance with the terms of the Indenture, subject to the Intercreditor Agreement. Notwithstanding the foregoing, any amendment to, or waiver of, the provisions of the Indenture or any Collateral Document that has the effect of releasing all or substantially all of the Collateral from the Liens securing the Notes and the Note Guarantees will require the consent of the Holders of at least 66 2⁄3% in aggregate principal amount of the Notes then outstanding.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesNotes voting as a single class, and any existing default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe Company’s obligations to Holders of the Notes pursuant in case of a merger or consolidation, to Article 5 comply with the rules of any applicable securities depositary, to comply with applicable Gaming Laws, to the Indentureextent that such amendment or supplement is not materially adverse to the Holders of Notes, (4) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture including Section 4.09, to make any change that would provide any additional rights or benefits to the Holders of the Notes (including to provide for any guarantees of the Notes or any collateral securing the notes) or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, or (9) to evidence or provide for the acceptance of appointment under allow any Guarantor to execute a supplemental indenture to the Indenture of and/or a successor TrusteeSubsidiary Guarantee with respect to the Notes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount Principal Amount of the then outstanding Notes voting as a single class, and, subject to Sections 6.4, 6.6 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, on or interest on the Notes, except a payment default resulting from an acceleration that has been rescinded). Subject to Sections 6.4, 6.6 and any existing default or 6.7 of the Indenture, compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount Principal Amount of the then outstanding NotesNotes voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Definitive Notes or to alter the provisions of Article II of the Indenture (3including the related definitions) in a manner that does not adversely affect any Holder; to provide for the assumption of an Issuer’s the Company's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 V of the Indenture, (4) ; to make any change that would provide any additional rights or benefits to the Holders of the Notes or Notes; to make any change that is not inconsistent with the Indenture and does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture Holder of any Holder, (5) to secure the Notes Notes; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTIA.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s or any Subsidiary Guarantor’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, including the addition of any required co-issuer of the Notes, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Subsidiary Guarantor with respect to the Notes or to evidence the release of any Subsidiary Guarantor from its Subsidiary GuaranteeGuarantee or to add the guarantee of the Company’s parent entity or to evidence the release of such entity’s guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture, (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (11) to conform the text of the Indenture or the Notes to any provision of the “Description of Notes” in the Offering Memorandum to the extent that such provision in the “Description of Notes” was intended to be a substantially verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Notes. However, without the consent of each Holder affected, an amendment, supplement or waiver to or under the Indenture or any Note may not (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter any of the provisions with respect to the redemption or repurchase of the Notes (other than provisions relating to Sections 4.10 and 4.15 of the Indenture prior to the time the Company’s obligation to offer to repurchase the Notes arises); (c) reduce the rate of or change the time for payment of interest on any Note; (d) waive a Default or Event of Default in the payment of principal of or premium, if any, interest or Additional Interest, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in principal amount of the Notes and a waiver of the payment default that resulted from such acceleration); (e) make any Note payable in currency other than that stated in the Notes; (f) make any change in the provisions of the Indenture relating to waivers of past Defaults or Events of Default or the rights of Holders of Notes to receive payments of principal of or premium, if any, interest or Additional Interest, if any, on the Notes (except as permitted in clause (h) below); (g) waive a redemption or repurchase payment with respect to any Note; (h) release any Subsidiary Guarantor from any of its obligations under its Subsidiary Guarantee or the Indenture, except in accordance with the terms of the Indenture; or (i) make any change in the amendment, supplement and waiver provisions contained in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s or the Parent’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to not adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Supplemental Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding Outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Subject to certain exceptions, and any existing default Default or compliance with any provision of the Supplemental Indenture or the Notes may be waived waived, including by way of amendment, with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Outstanding Notes (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Notes). Without the consent of any Holder of a Note, the Company and the Trustee may amend or supplement the Supplemental Indenture or the Notes may be amended or supplemented (1i) to cure any ambiguityambiguities, defect or inconsistency, ; (2) provide for the assumption of the Company’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; (3) provide for uncertificated Notes in addition to or in place of certificated Notes, ; (34) to provide for the assumption of an Issuer’s obligations to Holders add any Person as a guarantor of the Notes pursuant to Article 5 of or secure the Indenture, Notes or any guarantees; (45) 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 respect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, ; (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act TIA; or (97) to evidence or provide for the acceptance of appointment under conform the Indenture or the Notes to the descriptions thereof set forth in the “Description of a successor TrusteeNotes” section of the Company’s prospectus supplement dated February 27, 2019, relating to the initial offering of the Notes to the extent that the Trustee has received an Officer’s Certificate stating that such text constitutes an unintended conflict with the corresponding provision in such “Description of Notes.”

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or Indenture, the Notes Notes, the Guarantees, the Collateral Agreements and the Intercreditor Agreement may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or and the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe Company’s obligations to Holders of the Notes pursuant to Article 5 V of the Indenture, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes or that does not not, in the opinion of the Trustee, adversely affect the legal rights under the Indenture Indenture, the Notes, the Guarantees, the Collateral Agreements and the Intercreditor Agreement of any such HolderHolder in any material respect, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for a successor Trustee or additional Guarantors, to provide for uncertificated Notes in addition to or in place of certificated Notes, to release a Guarantor and the acceptance Liens granted by such Guarantor in favor of appointment the Trustee as permitted by the Indenture or Guarantee, or if necessary, in connection with any addition or release of Collateral permitted under the Indenture Indenture, the Intercreditor Agreement or the Collateral Agreements. In formulating its opinion on such matters, the Trustee will be entitled to rely on such evidence as it deems appropriate, including, without limitation, solely on an Opinion of a successor TrusteeCounsel.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s or Guarantor’s obligations to Holders of the Notes or a Guarantee pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, if applicable, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to make provision with respect to adjustments to the Conversion Rate as required by the Indenture or to increase the Conversion Rate in accordance with the Indenture, (11) to make any changes necessary to provide for conversion of the Notes following a Merger Event pursuant to Section 11.11 of the Indenture; or (12) to irrevocably elect or eliminate any Settlement Method or Specified Dollar Amount in accordance with the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Twentieth Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Twentieth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Twentieth Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Twentieth Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Twentieth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Twentieth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Twentieth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated November 30, 2023.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders 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 or the Notes may be waived with the written consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Exhibit 1 to App. – 8 Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented with the consent of the Holders 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 Indenture, the Subsidiary Guarantees or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes and Additional Notes, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture Indenture, the Subsidiary Guarantees or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, Notes or to alter the provisions of Article 2 of the Indenture (3including the related definitions) in a manner that does not materially adversely affect any Holder; to provide for the assumption of an Issuer’s the Company's or a Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 or Article 11 of the Indenture, (4) ; 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 hereunder of any Holder of the Note; to comply with requirements of the SEC in order to effect or maintain the qualification of this Indenture under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes TIA; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set A2-5 forth in this Indenture as of the Indenture, (7) date hereof; to add allow any additional Guarantor to execute a supplemental indenture and/or a Subsidiary Guarantee with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeNotes.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, and any existing default Default or compliance with any provision of the Indenture Indenture, the Notes or the Notes Guarantees may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Notwithstanding the foregoing, other than as provided in Section 9.1 of the Indenture, without the consent of the Holders of not less than two-thirds in aggregate principal amount of the Notes at the time outstanding, the Company, the Guarantors and the Trustee may not amend or supplement the Collateral Agreements, or waive or modify the rights of the Holders thereunder. Without the consent of any Holder of a Note, the Indenture Indenture, the Notes or the Notes Guarantees may be amended or supplemented (1) and the Collateral Agreements may be amended, supplemented, terminated or replaced to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) Notes or to alter the provisions of Article II of the Indenture in a manner that does not adversely affect any Holder; to provide for the assumption of an Issuerthe Company’s obligations to the Holders of the Notes in the case of a merger or consolidation pursuant to Article 5 V of the Indenture, (4) ; to provide for additional Guarantors as set forth in Section 4.17 of the Indenture or for the release or assumption of a 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 legal rights under the Indenture or under the Collateral Agreements of any such HolderHolder of the Notes; to comply with the provisions of the Depositary, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes Euroclear or Clearstream or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor Trustee with respect to the provisions of this Indenture or the Notes relating to transfers and exchanges of Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) beneficial interests therein; to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust Indenture Act or (9) TIA; to evidence or and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Notes; to evidence and provide for a new or replacement lender under a Credit Agreement so long as such amended, supplemented or replacement Collateral Agreements do not, as a whole, adversely affect the second-priority Lien in favor of the Trustee or the rights of the Holders under the Collateral Agreements or under the Indenture; to terminate and release control agreements in respect of deposit accounts and securities accounts in connection with the closing of any deposit accounts or securities accounts by the Company; or to add or release Collateral in compliance with the terms of the Indenture of a successor Trusteeand the Collateral Agreements.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes (subject to Section 2.09). Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that Holder in any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holdermaterial respect, (54) to secure the Notes or the Subsidiary Guarantees Guarantee pursuant to Section 4.12 4.15 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (75) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, Guarantee in each case as provided in accordance with Article 10 of the Indenture, (8) 6) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (97) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (8) to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security documents or any discharge or release of any Collateral that is permitted by the Indenture or any of the Note Documents; (9) to implement any amendment contemplated by Section 4.24(a)(iii), Section 4.29(b)(iii)(3) or Section 4.47 of the Indenture, (10) with respect to the Security Documents, as provided in the Intercreditor Agreement, or (11) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following paragraphs, the Indenture or and the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate 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 Default or Event of Default (other than a payment Default) or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes (including consents obtained in connection with a tender offer or exchange offer for Notes). Without the consent of any Holder of a NoteHolder, the Indenture or the Notes may be amended or supplemented to: (1a) to cure any ambiguity, defect or inconsistency, ; (2b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3c) to provide for the assumption by a successor corporation of an Issuer’s obligations Services' Obligations to the Holders in the event of the Notes a merger, consolidation or disposition pursuant to Article 5 of the Indenture, ; (4d) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the SEC's requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act TIA; (e) to provide for additional guarantee with respect to the Notes or (9f) to evidence or provide for the acceptance of appointment make any change that does not materially adversely affect any Holder's legal rights under the Indenture. Any amendment to the provisions of Article 10 or Section 11.04 of the Indenture will require the consent of a successor Trusteethe Holders of at least 75% in aggregate principal amount of the Notes then outstanding if such amendment would adversely affect the rights of Holders of Notes. Certain amendments require the consent of each Holder adversely affected.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsexceptions in Section 9.02 of the Indenture, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 Sections 6.04 and 6.07 of the Indenture, any existing default Default or Event of Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders 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). Without the consent of any Holder of a NoteHolder, the Company and the Trustee may amend or supplement the Indenture or the Notes may be amended or supplemented to (1a) to cure any ambiguity, defect or inconsistency, ; (2b) to provide for uncertificated Notes in addition to or in place of certificated Notes, ; (3c) to provide for the assumption of an Issuer’s the obligations of the Company and/or a Guarantor to Holders in the case of a merger, consolidation, or amalgamation or sale of all or substantially all of the Notes pursuant to Article 5 assets of the Indenture, Company and/or a Guarantor; (4d) to make any change that would provide any additional rights or benefits to the Holders of or surrender any right or power conferred upon the Notes Company or any Guarantor, or that does not materially adversely affect the legal rights under the this Indenture of any such Holder, provided that any change ; (e) comply with requirements of the Commission in order to conform effect or maintain the qualification of this Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, TIA; (5f) add additional guarantees with respect to secure the Notes or release Guarantors from Note Guarantees as provided or permitted by the Subsidiary Guarantees pursuant to Section 4.12 terms of the Indenture Indenture; or otherwise, (6g) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 Five of the Eighteenth Supplemental Indenture, (4) 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, provided that any change to conform Holder of the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any HolderNotes, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Eighteenth Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Eighteenth Supplemental Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Eighteenth Supplemental Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Eighteenth Supplemental Indenture and the Base Indenture (as it relates to the Notes) with respect to the Notes under the Trust Indenture Act or Act, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (10) to provide for the reorganization of the Company as any other form of entity in accordance with Section 5.01(c) of the Eighteenth Supplemental Indenture or (11) to conform the text of the Base Indenture (as it relates to the Notes), the Eighteenth Supplemental Indenture or the Notes to any provision of the section entitled “Description of Notes” in the prospectus supplement relating to the Notes dated January 18, 2023.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Securities Guarantee or the 2049 Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesOutstanding Securities affected by such amendment or supplemental indenture voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2049 Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesOutstanding Securities affected thereby voting as a single class. Without the consent of any Holder of a 2049 Note, the Indenture Indenture, the Securities Guarantee or the 2049 Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated 2049 Notes in addition to or in place of certificated 2049 Notes, (3) ; to provide for the assumption of an the Issuer’s obligations to Holders of 2049 Notes in the Notes pursuant to Article 5 case of a merger or consolidation or sale of all or substantially all of the Indenture, (4) Issuer’s assets; to add additional Securities Guarantees with respect to the 2049 Notes; to secure the 2049 Notes; to make any other change that would provide any additional rights or benefits to the Holders of the 2049 Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the applicable Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the then outstanding NotesSecurities including Additional Securities, if any, voting as a single class, and any existing default Default or Event or Default or compliance with any provision of the Indenture or the Notes Securities may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding NotesSecurities including Additional Securities, if any, voting as a single class. Without the consent of any Holder of a Note, the Indenture or the Notes Securities may be amended or supplemented to (1i) to cure any ambiguity, defect or inconsistency, ; (2ii) to provide for uncertificated Notes Securities in addition to or in place of certificated Notes, (3) Securities; to provide for the assumption of an Issuerthe Company’s obligations to Holders in the case of a merger or consolidation or sale of all or substantially all of the Notes pursuant to Article 5 of the IndentureCompany’s assets, (4) as applicable; to make any change that would provide any additional rights or benefits to Holders (including granting of security for the Holders benefit of the Notes Holders) or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) ; to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust Indenture Act Act; to conform the text of this Indenture or (9) the Securities to evidence any provision of the “Description of Notes” section of the Prospectus Supplement to the extent that such provision was intended by the Company to be a verbatim recitation of a provision of the Indenture or the Securities; or to provide for the acceptance issuance of appointment under the Indenture of a successor TrusteeAdditional Securities in accordance with this Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (10) to conform the text of the Indenture, the Subsidiary Guarantees or the Notes to any provision described in the “Description of Notes” contained in the Offering Memorandum.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in the aggregate principal amount of the then outstanding Notes, voting as a single class, including without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding Notes voting as a single class, including without limitation, in consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes 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, (3) to provide for the assumption of an Issuer’s the Company's or any Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 of the Indenture, (4) 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 hereunder of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 Holder of the Indenture or otherwiseNote, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust Indenture Act or (9) TIA, to add a Guarantor pursuant to Section 12.2 of the Indenture, and to evidence or and provide for the acceptance of the appointment under the Indenture of a successor TrusteeTrustee pursuant to Section 7.8 and 7.9 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed not to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the such legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwiseIndenture, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture or (910) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding Notes, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesNotes (subject to Section 2.09). Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that Holder in any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holdermaterial respect, (54) to secure the Notes or the Subsidiary Guarantees Guarantee pursuant to Section 4.12 4.15 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (75) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, Guarantee in each case as provided in accordance with Article 10 of the Indenture, (8) 6) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or TIA, (97) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, (8) to make, complete or confirm any grant of Collateral permitted or required by the Indenture or any of the Security documents or any discharge or release of any Collateral that is permitted by the Indenture or any of the Note Documents; (9) to implement any amendment contemplated by Section 4.24(a)(iii), Section 4.29(b)(iii)(3) or Section 4.47 of the Indenture, (10) with respect to the Security Documents, as provided in the Intercreditor Agreement, or (110) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Bond Guaranty, the other Financing Agreements or the Notes Bonds may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesBonds voting as a single class, and any existing default (other than a Default or Event of Default in the payment of the principal of, premium, if any, or interest on or Registration Default Damages with respect to the Bonds, except a payment default resulting from acceleration that has been rescinded) or compliance with any provision of the Indenture Indenture, the Bond Guaranty, the other Financing Agreements or the Notes Bonds may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesBonds voting as a single class. Without the consent of any Holder of a NoteBond, the Indenture Indenture, the Bond Guaranty, the other Financing Agreements or the Notes Bonds may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated Notes Bonds in addition to or in place of certificated Notes, Bonds or to alter the provisions of Article 2 of the Indenture (3including the related definitions) in a manner that does not materially adversely affect any Holder; to provide for the assumption of an Issuer’s the Company's obligations to Holders of the Notes pursuant to Article 5 Bonds in case of the Indenture, (4) a merger or consolidation; to make any change that would provide any additional rights or benefits to the Holders of the Notes Bonds or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe Company’s or any Subsidiary Guarantor’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, including the addition of any required co-issuer of the Notes, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the such legal rights under the Indenture of any Holderrights, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Subsidiary Guarantor with respect to the Notes or to evidence the release of any Subsidiary Guarantor from its Subsidiary GuaranteeGuarantee or to add the guarantee of the Company’s parent entity or to evidence the release of such entity’s guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or Act, (9) to provide for the reorganization of the Company as any other form of entity in accordance with the second paragraph of Section 5.01 of the Indenture, (10) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeTrustee or (11) to conform the text of the Indenture or the Notes to any provision of the “Description of Notes” in the Offering Memorandum to the extent that such provision in the “Description of Notes” was intended to be a substantially verbatim recitation of a provision of the Indenture, the Subsidiary Guarantees or the Notes. However, without the consent of each Holder affected, an amendment, supplement or waiver to or under the Indenture or any Note may not (with respect to any Notes held by a non-consenting holder) (a) reduce the principal amount of Notes whose Holders must consent to an amendment, supplement or waiver; (b) reduce the principal of or change the fixed maturity of any Note or alter the provisions with respect to the redemption or repurchase of the Notes (other than notice provisions and other than provisions relating to Sections 4.10 and 4.15 of the Indenture prior to the time the Company’s obligation to offer to repurchase the Notes arises); (c) reduce the rate of or change the time for payment of interest on any Note; (d) waive a Default or Event of Default in the payment of principal of, or premium, if any, interest or Additional Interest, if any, on the Notes (except a rescission of acceleration of the Notes by the Holders of at least a majority in principal amount of the Notes and a waiver of the payment default that resulted from such acceleration); (e) make any Note payable in currency other than that stated in the Notes; (f) make any change in the provisions of the Indenture relating to waivers of past Defaults or the rights of Holders of Notes to receive payments of principal of, or premium, if any, interest or Additional Interest, if any, on the Notes (other than as permitted in clause (h) below); (g) waive a redemption or repurchase payment with respect to any Note; (h) release any Subsidiary Guarantor from any of its obligations under its Subsidiary Guarantee or the Indenture, except in accordance with the terms of the Indenture; or (i) make any change in the amendment, supplement and waiver provisions contained in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesSecurities, and any existing default or compliance with any provision of the Indenture or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSecurities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities). Without the consent of any Holder of a NoteSecurity, the Indenture or the Notes Securities may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an the Issuer’s obligations to Holders of the Notes pursuant to Article 5 Securities in case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes Securities or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guaranteeguarantors), in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence conform the text of the Indenture or provide for the acceptance of appointment Securities to any provision in the Prospectus, dated ___ , 2010, with respect to the Securities, under the Indenture caption “Description of the Senior Notes,” to the extent that such provision was intended to be a successor Trusteeverbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount at maturity of the then outstanding Notes voting as a single class, including without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes, and any existing default Default or compliance with any provision of the Indenture or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount at maturity of the then outstanding Notes voting as a single class, including without limitation, in consents obtained in connection with a purchase of, or tender offer or exchange offer for Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated NotesNotes or to alter the provisions of Article 2 hereof (including the related definitions) in a manner that does not materially adversely affect any Holder, (3) to provide for the assumption of an Issuer’s the Company's or any Guarantor's obligations to the Holders of the Notes by a successor to the Company pursuant to Article 5 of the Indenture, (4) 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 hereunder of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 Holder of the Indenture or otherwiseNote, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the this Indenture under the Trust Indenture Act or (9) TIA, to add a Guarantor pursuant to Section 12.02 of the Indenture, and to evidence or and provide for the acceptance of the appointment under the Indenture of a successor TrusteeTrustee pursuant to Section 7.08 and 7.09 of the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject The Indenture permits, with certain exceptions as therein provided, the Company, the Guarantor and the Trustee to certain exceptionsenter into one or more supplemental indentures for the purpose of adding any provisions to, or changing in any manner or eliminating any of the provisions of, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in aggregate principal amount of the Senior Notes then outstanding Notes. Without Outstanding under the Indenture; provided, however, that if there shall be Securities of more than one Series Outstanding under the Indenture and if a proposed supplemental indenture shall directly affect the rights of the Holders of Securities of any such Series, then the consent of the Holders of only a majority in aggregate principal amount of the Outstanding Securities of all Series so directly affected, considered as one class, shall be required; and provided, further, that the Indenture permits the Trustee, the Company and the Guarantor to enter into one or more supplemental indentures for limited purposes without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) to make any change that would provide any additional rights or benefits to Senior Notes. The Indenture also contains provisions permitting the Holders of a majority in aggregate principal amount of the Senior Notes or that does not adversely affect then Outstanding, on behalf of the legal rights Holders of all Senior 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 the Holder of this Senior Note shall be conclusive and binding upon such Holder and upon all future Holders of this Senior Note and of any Senior Note issued upon the registration of transfer hereof or in exchange therefor or in lieu hereof, whether or not notation of such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes consent or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trusteewaiver is made upon this Senior Note.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture Indenture, the Securities Guarantee or the 2027 Notes may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesOutstanding Securities affected by such amendment or supplemental indenture voting as a single class, and any existing default Default or Event of Default or compliance with any provision of the Indenture Indenture, the Securities Guarantee or the 2027 Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesOutstanding Securities affected thereby voting as a single class. Without the consent of any Holder of a 2027 Note, the Indenture Indenture, the Securities Guarantee or the 2027 Notes may be amended or supplemented (1) to to, among other things, cure any ambiguity, defect or inconsistency, (2) ; to provide for uncertificated 2027 Notes in addition to or in place of certificated 2027 Notes, (3) ; to provide for the assumption of an the Issuer’s obligations to Holders of 2027 Notes in the Notes pursuant to Article 5 case of a merger or consolidation or sale of all or substantially all of the Indenture, (4) Issuer’s assets; add additional Guarantees with respect to the 2027 Notes; secure the 2027 Notes; to make any other change that would provide any additional rights or benefits to the Holders of the 2027 Notes or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes ; or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the applicable Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor TrusteeAct.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or Indenture, the Note Guarantees, the Notes and the Collateral Documents may be amended or supplemented with the consent of the Holders of at least a majority not less than 66-2/3% 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 Indenture, the Note Guarantees, the Notes or the Notes Collateral Documents may be waived with the consent of the Holders of a majority not less than 66-2/3% in aggregate principal amount of the then outstanding Notes (including Additional Notes, if any). Without the consent of any Holder of a Note, the Indenture Indenture, the Note Guarantees, the Notes or the Notes Collateral Documents may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's or Guarantor's obligations to Holders of the Notes pursuant to Article 5 in case of the Indenturea merger or consolidation, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, to allow any Guarantor to execute a supplemental indenture to the Indenture and/or a Note Guarantee with respect to the Notes provided that the interests of the Holders would not be adversely affected thereby, to allow any Guarantor or (9) Xxxxxx Debtor Subsidiary to evidence enter into additional Collateral Documents, provided that the interests of the Holders would not be adversely affected thereby, or to provide for the acceptance issuance of appointment under Additional Notes, in accordance with the Indenture of a successor Trusteelimitations set forth in the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuerthe Company’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s obligations to Holders of the Notes pursuant to Article 5 of the Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, (9) to provide for the reorganization of the Company as any other form of entity in Ex. 1 to App. - 8 accordance with the second paragraph of Section 5.01 of the Indenture or (910) to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes may be amended or supplemented with the consent of the Holders 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 or the Notes may be waived with the consent of the Holders of a majority in principal amount of the then outstanding Notes. Without the consent of any Holder of a Note, the Indenture or the Notes may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes in addition to or in place of certificated Notes, (3) to provide for the assumption of an Issuer’s the Company's obligations to Holders of the Notes pursuant to Article 5 of the First Supplemental Indenture, (4) 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, provided that any change to conform the Indenture to the Offering Memorandum Company's prospectus relating to the offering of the notes shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the First Supplemental Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) Act, to evidence or provide for the acceptance of appointment under the Indenture of a successor Trustee, to add to, change or eliminate any provisions of the Indenture in respect of one or more other series of Securities or to establish the forms or terms of Securities of any other series as permitted by the Indenture.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptionsthe following --------------------------------- paragraphs and the provisions of the Indenture, the Indenture or Indenture, the Notes Securities and the Subsidiary Guarantees may be amended or supplemented with the consent of the Holders of at least a majority in aggregate principal amount of the Securities then outstanding Notes(including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Securities), and any existing default or compliance with any provision of the Indenture or Indenture, the Notes Securities and the Subsidiary Guarantees may be waived with the consent of the Holders of a majority in aggregate principal amount of the then outstanding NotesSecurities (including consents obtained in connection with a purchase of, or a tender offer or exchange offer for, Securities). Any amendment to the provisions of Article 10 or 12 shall require the consent of the Holders of at least 75% in aggregate principal amount of Securities then outstanding if such amendment would adversely affect the rights of the Holders of Securities. Without the consent of any Holder of a NoteSecurities, the Indenture Company, the Guarantors and the Trustee may amend or supplement the Indenture, the Securities or the Notes may be amended or supplemented (1) Subsidiary Guarantees to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an Issuer’s the Company's or a Guarantor's obligations to Holders of Securities in the Notes pursuant to Article 5 case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not materially adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guarantee, in each case as provided in the Indenture, (8) to comply with the requirements of the SEC Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act Act, to allow any Subsidiary to guarantee the Securities or (9) to evidence or provide for the acceptance issuance of appointment under the Indenture of a successor TrusteeExchange Securities or Additional Securities.

AMENDMENT, SUPPLEMENT AND WAIVER. Subject to certain exceptions, the Indenture or the Notes Securities may be amended or supplemented with the consent of the Holders of at least a majority in principal amount of the then outstanding NotesSecurities, and any existing default or compliance with any provision of the Indenture or the Notes Securities may be waived with the consent of the Holders of a majority in principal amount of the then outstanding NotesSecurities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for, the Securities). Without the consent of any Holder of a NoteSecurity, the Indenture or the Notes Securities may be amended or supplemented (1) to cure any ambiguity, defect or inconsistency, (2) to provide for uncertificated Notes Securities in addition to or in place of certificated NotesSecurities, (3) to provide for the assumption of an the Issuer’s obligations to Holders of the Notes pursuant to Article 5 Securities in case of the Indenturea merger or consolidation, (4) to make any change that would provide any additional rights or benefits to the Holders of the Notes Securities or that does not adversely affect the legal rights under the Indenture of any such Holder, provided that any change to conform the Indenture to the Offering Memorandum shall not be deemed to adversely affect the legal rights under the Indenture of any Holder, (5) to secure the Notes Securities or the Subsidiary Guarantees pursuant to Section 4.12 of the Indenture or otherwise, (6) to provide for the issuance of Additional Notes in accordance with the limitations set forth in the Indenture, (7) to add any additional Guarantor with respect to the Notes or to evidence the release of any Guarantor from its Subsidiary Guaranteeguarantors), in each case as provided in the Indenture, (8) to comply with the requirements of the SEC in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act or (9) to evidence conform the text of the Indenture or provide for the acceptance of appointment Securities to any provision in the Prospectus, dated March 29, 2010, as supplemented by the Prospectus Supplement, dated February 2, 2011, with respect to the Securities, under the Indenture caption “Description of the Senior Notes,” to the extent that such provision was intended to be a successor Trusteeverbatim recitation of the Indenture, the Subsidiary Guarantees or the Securities.