Common use of Consent Required Clause in Contracts

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/370% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change reduce the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the CompanyConstituent Companies, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company Constituent Companies shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1e2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 e7 or Section 6e6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/376% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such waiver, modification, alteration or amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1ss.2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, prepayments or (iii) which will change the percentage of holders of the Notes required to (A) consent to any such amendment amendment, alteration, waiver or waiver of modification or any of the provisions of this Section 7 ss.7 or Section 6(B) accelerate the Notes or rescind the acceleration of the Notes pursuant to ss.6. .Section 7.2.

Consent Required. Any term, covenant, agreement or ------------------------------ condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders -------- of all of the Notes then outstandingHolders, no such amendment or waiver shall be effective (i) which will change the time or priority of payment (including any prepayment required by Section 2.1(S)2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of this Section 7 (S)7 or Section 6(S)6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of each series of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such waiver, modification, alteration or amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change reduce the principal amount thereof or change the rate of interest thereon (except in accordance with the provisions of Section 2.10(a)) or premium thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment amendment, alteration or waiver of modification or change any of the provisions of this Section 7 Sections 2.10, 6 or Section 67.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-2/351% in aggregate principal amount of outstanding Notes; provided provided, however, that without the written consent of the holders of all of the Notes then outstandingHolders, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/351% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time or amount of any payment (including any prepayment payment required by Section 2.1(S)2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 (S)8 or Section 6(S)7.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided PROVIDED that without the written consent of the holders of all of the Notes then outstanding, no such waiver, modification, alteration or amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change reduce the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment amendment, alteration or waiver of modification or any of the provisions of 6 or this Section 7 or Section 67.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such waiver, modification, alteration or amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1Section2.1) of the principal of or the interest on any Note or change reduce the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes required to consent to any such amendment amendment, alteration or waiver of modification or any of the provisions of Section6 or this Section 7 or Section 6Section7.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notesthe Notes then outstanding; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section ss. 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change the time of payment or method of calculation of the premium, if any, on any Note, or (c) which will change any of the provisions with respect to optional prepayments, or (iiid) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section ss. 7 or Section 6ss. 6 or (e) which will change any of the provisions of ss. 5.14 or ss. 7.2.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-66 2/3% in aggregate principal amount of the outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstandingHolders, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1ss.2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will Meritage Corporation Note Agreement change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of this Section 7 ss.7 or Section 6ss.6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-2/3% in aggregate principal amount of outstanding Notes; provided provided, however, that without the written consent of the holders of all of the Notes then outstandingHolders, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1[SECTION]2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of this Section 7 [SECTION]7 or Section 6[SECTION]6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders Holders of at least 66-2/3more than 50% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders Holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iiib) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of Section 6 or this Section 7 or Section 67.

Consent Required. Any term, covenant, agreement or ----------------------------- condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/351% in aggregate principal amount of outstanding Notes; provided that without the written consent of the -------- holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 (S)7 or Section 6(S)6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the CompanyObligors, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company Obligors shall have obtained the consent in writing of the holders of at least 66-66 2/3% in aggregate principal amount of outstanding NotesNotes of all Series, taken as a single class; provided PROVIDED that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepaymentsprepayments including, without limitation, the definition of Make-Whole Amount, or (iii) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 SECTION7 or Section 6SECTION6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived with respect to any Series of Notes (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least Holders holding more than 66-2/3% in aggregate principal amount of outstanding NotesNotes of such Series; provided provided, however, that without the written consent of the holders of all of the Notes then outstandingHolders of such Series, no such amendment or waiver shall be effective with respect to such Series (i) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note of such Series or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepaymentsprepayments for such Series, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding NotesNotes then outstanding; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1(S)2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepaymentsprepayments set forth in (S)2, or (iii) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of (S)6 or this Section 7 or Section 6(S)7.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1Section2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 Section7 or Section 6Section6. .c2.Section 7.2.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), ) if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-2/355% in aggregate principal amount of outstanding Notes; provided , PROVIDED that without the written consent of the holders of Holders holding all of the Notes then outstanding, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.15.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of Section 6 or this Section 7 or (iv) which will change any provision of Section 64.19 or Section 7.2.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the CompanyObligors, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company Obligors shall have obtained the consent in writing of the holders of at least 66-66 2/3% in aggregate principal amount of the outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepaymentsprepayments including, without limitation, the definition of Make-Whole Amount, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3Holders holding more than 50% in aggregate principal amount of outstanding Notes; provided provided, however, that without the written consent of the holders of all of the Notes then outstandingHolders, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment modifications regarding required by Section prepayments as provided in section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of section 6 or this section 7. Section 7 or Section 67.2.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding Notes; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective which will change (i) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the CompanyObligors, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company Obligors shall have obtained the consent in writing of the holders of at least 66-66 2/3% in aggregate principal amount of the outstanding NotesNotes of all Series, taken as a single class; provided that without the written consent of the holders of all of the Notes then outstanding, no such amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepaymentsprepayments including, without limitation, the definition of Make-Whole Amount, or (iiic) which will change the percentage of holders of the Notes required to consent to any such amendment or waiver of any of the provisions of this Section 7 or Section 6.

Consent Required. Any term, covenant, agreement or condition of this Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), ) if the Company shall have obtained the consent in writing of the holders of Holders holding at least 66-2/355% in aggregate principal amount of outstanding Notes; provided , PROVIDED that without the written consent of the holders of Holders holding all of the Notes then outstanding, no such amendment or waiver shall be effective (i) which will change the time of payment (including any prepayment required by Section 2.1SECTION 5.1) of the principal of or the interest on any Note or change the principal amount thereof or change the rate of interest thereon, or (ii) which will change any of the provisions with respect to optional prepayments, or (iii) which will change the percentage of holders of the Notes Holders required to consent to any such amendment or waiver of any of the provisions of SECTION 6 or this Section SECTION 7 or Section 6(iv) which will change any provision of SECTION 4.19 or SECTION 7.2.

Consent Required. Any term, covenant, agreement or condition of this Agreement or the Security Agreement may, with the consent of the Company, be amended or compliance therewith may be waived (either generally or in a particular instance and either retroactively or prospectively), if the Company shall have obtained the consent in writing of the holders of at least 66-2/3% in aggregate principal amount of outstanding NotesRequisite Holders; provided that without the written consent of the holders of all of the Notes then outstanding, no such waiver, modification, alteration or amendment or waiver shall be effective (ia) which will change the time of payment (including any prepayment required by Section 2.1ss.2.1) of the principal of or the interest on any Note or change reduce the principal amount thereof or change the rate of interest thereon, or (iib) which will change any of the provisions with respect to optional prepayments, (c) which will change any of the provisions of ss.6, or (iiid) which will change the percentage of holders of the Notes required to consent to any such amendment amendment, alteration or waiver of modification or any of the provisions of this Section 7 or Section 6ss.7.