Common use of Amendment; Supplement; Waiver Clause in Contracts

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 10 contracts

Samples: Indenture (Hawk Corp), Indenture (Icn Pharmaceuticals Inc), Indenture (Hawk Motors Inc)

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Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 10 contracts

Samples: Standard Commercial Corp, Indenture (Penn National Gaming Inc), Indenture (Penhall Co)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantee, if any, may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 6 contracts

Samples: Tracor Inc /De, Neff Corp, Nationsrent Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five Section 5.1 of the Indenture or make any other change that does not adversely affect the rights of any Holder of a NoteNote in any material respect.

Appears in 4 contracts

Samples: Indenture (LNR Property Corp), Indenture (LNR Property Corp), LNR Property Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount at maturity of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the TIA, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 4 contracts

Samples: Indenture (Nationsrent Companies Inc), Article Twelve Agreement (Telex Communications International LTD), Mortons Restaurant Group Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the TIA, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 3 contracts

Samples: Article Twelve Agreement (Golfsmith International Holdings Inc), Credit Agreement (Golfsmith International Holdings Inc), Hockey Co

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, ----------------------------- the Indenture, the Indenture Notes or the Notes Note Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five V of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 3 contracts

Samples: Supplemental Indenture (PSS Holding Inc), PSS Holding Inc, PSS Holding Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the TIA, or comply with Article Five or Section 10.04 of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 3 contracts

Samples: Indenture, (Sand Springs Railway CO), Indenture (Hawk Corp), Hawk Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 3 contracts

Samples: Indenture (Magnum Hunter Resources Inc), Canadian Abraxas Petroleum LTD, Magnum Hunter Resources Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five Section 5.01 of the Indenture or make any other change that does not adversely affect the rights of any Holder of a NoteNote in any material respect.

Appears in 3 contracts

Samples: 3003969 Nova Scotia LTD, Atc Group Services Inc /De/, Safety Components Fabric Technologies Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the U.S. TIA, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Altra Industrial Motion, Inc.), Altra Industrial Motion, Inc.

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount at maturity of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding. Without notice to or the consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the TIA, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 2 contracts

Samples: Indenture (Nationsrent Companies Inc), Nationsrent Companies Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Subsidiary Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Subsidiary Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated certificated Notes or Subsidiary Guarantees in addition to or in place of certificated Notesuncertificated Notes or Subsidiary Guarantees, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 2 contracts

Samples: Pledge Agreement (Coinmach Service Corp), Coinmach Laundry Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set ----------------------------- forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (California Steel Industries Inc)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note. 14.

Appears in 1 contract

Samples: Sitel Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the SEC in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Idt Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five V of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Hutchinson Products Corp

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Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among among, other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five 5 of the Indenture or make any other change that does not adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (Transtel S A)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past Default certain existing Defaults or Event Events of Default or noncompliance with any provision certain provisions may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto to the Indenture may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, or comply with Section 5.01 or Article Five Ten of the Indenture or make any other change that does not materially and adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (Natura &Co Holding S.A.)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Notes or the Notes Guarantees may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount at maturity of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount at maturity of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture Indenture, the Notes or the Notes Guarantees to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes or Guarantees in addition to or in place of certificated NotesNotes or Guarantees, comply with the TIA, or comply with Article Five Nine of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (Eschelon Telecom Inc)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstandingoutstanding Notes, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstandingoutstanding Notes. Without notice to or consent of any Holder, the parties thereto may amend or supplement the this Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (Perry-Judds Inc)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture Security Documents or the Notes may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance compliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture or comply with any requirements of the SEC in connection with the qualification of the Indenture under the TIA, or make any other change that does not materially adversely affect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture (Sheffield Steel Corp)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in exceptions, the Indenture, the Indenture or Notes and the Notes Guarantee[s] may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or Indenture, the Notes and the Guarantee[s] to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with the TIA, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note.

Appears in 1 contract

Samples: Indenture, (BRPP LLC)

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a Note. 15.

Appears in 1 contract

Samples: Sitel Corp

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indenture, 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, and any past Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, comply with any requirements of the Commission in order to effect or maintain the qualificaqualification of the Indenture under the TIA or comply with Article Five of the Indenture or make any other change that does not adversely affect the rights of any Holder of a NoteNote in any material respect.

Appears in 1 contract

Samples: Philipp Brothers Chemicals Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in the Indentureexceptions, the Indenture or the Notes Debentures may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes Debentures then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes Debex- tures then outstanding. Without notice to or consent of any Holder, the parties thereto may amend or supplement the Indenture or the Notes Debentures to, among other things, cure any ambiguity, defect or inconsistency, provide for uncertificated Notes Debentures in addition to or in place of certificated NotesDebentures, or comply with Article Five of the Indenture or make any other change that does not adversely affect in any material respect the rights of any Holder of a NoteDebenture.

Appears in 1 contract

Samples: McMS Inc

Amendment; Supplement; Waiver. Subject to certain exceptions set forth in Section 9.02(b) of the Indenture, the Indenture or the Notes may be amended or supplemented with the written consent of the Holders of not less than at least a majority in aggregate principal amount of the Notes then outstanding, and any past existing Default or Event of Default or noncompliance with any provision may be waived with the written consent of the Holders of not less than a majority in aggregate principal amount of the Notes then outstanding. Without notice to or consent of any Holder, the parties thereto Company and the Guarantors may amend or supplement the Indenture or the Notes to, among other things, to cure any ambiguity, defect or inconsistency, provide for uncertificated Notes in addition to or in place of certificated Notes, or comply with Article Five of the Indenture Indenture, make any change that would provide any additional benefit or rights to the Holders, make any other change that does not adversely affect in any material respect the rights of any Holder of a NoteNote or add or remove Guarantors as provided in the Indenture.

Appears in 1 contract

Samples: Securities Purchase Agreement (Symbion Inc/Tn)

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