Common use of Direction of Proceedings and Waiver of Defaults by Majority of Holders Clause in Contracts

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds at the time outstanding determined in accordance with Section 8.05 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the Bonds; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds at the time outstanding determined in accordance with Section 8.05 may on behalf of the Holders of all of the Bonds waive any existing Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange of the Bonds or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08, said Default shall cease to exist, and any Event of Default arising therefrom shall for all purposes of the Bonds and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding (including any PIK Notes) determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such directions are unduly prejudicial to such Holder) or that would involve the Trustee in personal liability, unless the Trustee is offered indemnity or security satisfactory to it against any loss, liability or expense that might be incurred by it in compliance with such request or direction; provided, however, that the Trustee may take any other action deemed necessary by the Trustee that is not inconsistent with such direction. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article ‎Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee Trustees or exercising any trust or power conferred on the Trustee Trustees with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee Trustees may take any other action deemed proper by the Trustee Trustees that is not inconsistent with such direction. The Trustee Trustees may refuse to follow any direction that it determines conflicts with law or this Indenture or that they determine is unduly prejudicial to the rights of any other Holder or that would involve the Trustee Trustees in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee Trustees and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09(a), said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability or that conflicts with applicable law or this Indenture. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interestSpecial Interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Fundamental Change Repurchase Price or Redemption Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability or that conflicts with applicable law or this Indenture. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences (except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase or Redemption Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 X cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected); provided, however, that Holders and (y) rescind any acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration and its consequences, principal (including any related Default Fundamental Change Repurchase Price or Redemption Price) of and interest on the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; , but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is in conflict with law, this Indenture, is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Redemption Price or Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to the rights of any Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing or past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 ‎Section 10.02 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver waiver. the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. The Trustee will be under no obligation to exercise any of the rights or powers under this Indenture at the request or direction of any of the Holders unless such Holders have offered (and, if requested, provided) to the Trustee indemnity or security satisfactory to the Trustee against any loss, liability or expense that might be incurred by it in compliance with such request or direction.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability or that conflicts with applicable law or this Indenture. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Fundamental Change Repurchase Price or Redemption Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Debt Securities of any series at the time outstanding determined in accordance with Section 8.05 shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee with respect to the BondsDebt Securities of such series; provided, however, that (asubject to the provisions of Section 8.01) the Trustee shall have the right to decline to follow any such direction shall if the Trustee being advised by counsel in writing determines that the action or proceeding so directed may not lawfully be taken or would be in conflict with any rule the terms of law this Indenture or with this Indenture, and (b) if the Trustee may take any other in good faith by a trust committee of directors or trustees and/or Responsible Officers shall determine that the action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that proceedings so directed would involve the Trustee in personal liability. The liability or would be unduly prejudicial to the Holders of Debt Securities of such series not less than joining in such direction. Prior to any declaration accelerating the maturity of the Debt Securities of any series, the Holders of a majority in aggregate principal amount of the Bonds Debt Securities of such series at the time outstanding determined in accordance with Section 8.05 may may, on behalf of the Holders of all of the Bonds Debt Securities of such series, waive any existing Default past default or Event of Default hereunder with respect to such series and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid the principal of, premium, if any, or interest, if any, onon any of the Debt Securities of such series, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange of the Bonds or (iii) a default in respect of a covenant or provision hereof which under Article 10 Eleven cannot be modified or amended without the consent of each the Holder of an each outstanding Bond Debt Security of such series affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver waiver, the Company, the Trustee and the Holders holders of the Bonds Debt Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default (as defined in Section 7.08) or Event of Default or impair any right consequent thereon. Whenever any Default default or Event of Default hereunder shall have been waived as permitted by this Section 6.087.07, said Default shall cease to exist, and any default or Event of Default arising therefrom shall for all purposes of the Bonds Debt Securities of such series and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 of the Base Indenture shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this the Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 of the Base Indenture may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.015.02, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 8 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.085.10, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this the Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) Section 6.10 such direction shall not be in conflict with any rule of law or with this Indenture, and (b) Section 6.11 the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article ‎Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a continuing failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a continuing default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the provisions of any supplemental indenture hereto, the Holders of not less than a majority of the in aggregate principal amount of the Bonds Debt Securities of any series at the time outstanding determined in accordance with Section 8.05 shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Debt Trustee, or exercising any trust or power conferred on the Trustee with respect to the BondsDebt Trustee; provided, however, that (a) such direction shall not be in conflict with any rule subject to the provisions of law or with this Indenture, and (bSection 6.01) the Debt Trustee may take any other action deemed proper by shall have the Trustee that is not inconsistent with such direction. The Trustee may refuse right to decline to follow any such direction if the Debt Trustee shall determine that it determines is unduly the action so directed would be unjustly prejudicial to the rights Holders of any other Holder Debt Securities of such series not taking part in such direction or if the Debt Trustee being advised by counsel determines that the action or proceeding so directed may not lawfully be taken or if the Debt Trustee in good faith by its board of directors or trustees, executive committee, or a trust committee of directors or trustees and/or Responsible Officers shall determine that the action or proceedings so directed would involve the Debt Trustee in personal liability. The Prior to any declaration accelerating the maturity of the Debt Securities of any series, the Holders of not less than a majority in aggregate principal amount of the Bonds Debt Securities of such series at the time outstanding determined in accordance with Section 8.05 may on behalf of the Holders of all of the Bonds Debt Securities of such series waive any existing Default past default or Event of Default hereunder and its consequences except a default (ia) a continuing Default or Event of Default in the payment of accrued and unpaid interestprincipal of, premium, if any, on, or interest on any of the principal Debt Securities of such series (including any Tax Event Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds when due that unless such default has not been cured pursuant to the provisions of Section 6.01, (ii) and a failure by the Company or the Guarantor sum sufficient to pay or deliverall matured installments of principal, as premium, if any, and interest due otherwise than by acceleration has been deposited with the case may be, the consideration due upon exchange of the Bonds Debt Trustee) or (iiib) a default in respect of a covenant covenants or provision provisions hereof which under Article 10 cannot be modified or amended without the consent of each the Holder of an outstanding Bond each Debt Security affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver waiver, the default covered thereby shall be deemed to be cured for all purposes of this Indenture and the Company, the Debt Trustee and the Holders of the Bonds Debt Securities of such series shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default or Event of Default default or impair any right consequent thereon. Whenever any Default default or Event of Default hereunder shall have been waived as permitted by this Section 6.085.08, said Default shall cease to exist, and any default or Event of Default arising therefrom shall for all purposes of the Bonds such series of Debt Securities and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a continuing failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a continuing default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (aA) such direction shall not be in conflict with any rule of law or with this Indenture, and (bA) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (iii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iiii) a default in respect of a covenant or provision hereof which under Article ‎Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Securities of all series at the time outstanding determined in accordance with Section 8.05 Outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee with respect to the BondsSecurities of such series; provided, however, that (a) such direction shall not be in conflict with any rule subject to the provisions of law or with this Indenture, and (bSection 6.01) the Trustee may take any other action deemed proper by shall have the Trustee that is not inconsistent with such direction. The Trustee may refuse right to decline to follow any such direction if the Trustee, being advised by counsel, determines that it determines is unduly prejudicial to the rights of any other Holder action or proceeding so directed may not lawfully be taken or if the Trustee in good faith shall determine that the action or proceedings so directed would involve the Trustee in personal liability. The Subject to Section 5.02, the Holders of not less than a majority in aggregate principal amount of the Bonds Securities of that series at the time outstanding determined in accordance with Section 8.05 Outstanding may on behalf of the Holders of all of the Bonds Securities of that series waive any existing Default past default or Event of Default described in clauses (a), (b), (c) or (g) of Section 5.01, or any other Event of Default for such series specified in the terms thereof as contemplated by Section 3.01 (or, in the case of an event in respect of the Company specified in clause (d), (e) or (f) of Section 5.01, the Holders of a majority in aggregate principal amount of all the Securities then Outstanding may waive any such default or Event of Default, or, in the case of an event in respect of a Guarantor specified in clause (d), (e) or (f) of Section 5.01, the Holders of a majority in aggregate principal amount of all the Securities guaranteed hereunder by such Guarantor then Outstanding may waive any such default or Event of Default), and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, or premium, if any, on, or the principal (including of any Tax Event Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange of the Bonds or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such accelerationSecurities. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Securities of that series (or of all of the Securities, as the case may be) shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent thereon. Whenever any Default default or Event of Default hereunder shall have been waived as permitted by this Section 6.085.08, said Default shall cease to exist, and any default or Event of Default arising therefrom shall for all purposes of the Bonds Securities of that series and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase or the Redemption Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to Section 7.02(j), the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability; provided, however, that the Trustee shall have no affirmative duty to determine whether any direction is prejudicial to any other Holder. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes or the Note Guarantees; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee does not have an affirmative duty to determine whether any action is prejudicial to any Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interestinterest that has not been paid or capitalized, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the any Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Guarantors, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Fundamental Change Repurchase Price or Redemption Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability or that conflicts with applicable law or this Indenture. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Fundamental Change Repurchase Price or Redemption Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive (including consents to such waiver obtained in connection with a repurchase of, or tender or exchange offer for, Notes) any or all existing Default or Event past Defaults or Events of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article ‎Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Subject to the Trustee’s right to receive security or indemnity from the relevant Holders as described herein, the Holders of not less than a majority of the aggregate principal amount at maturity of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such directions are unduly prejudicial to such Holder) or that would involve the Trustee in personal liabilityliability or that conflicts with applicable law or this Indenture. The Holders of not less than a majority in aggregate principal amount at maturity of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except any continuing defaults relating to (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal Accreted Principal Amount (including any Tax Event the Redemption Price, the Special Mandatory Redemption Price and the Fundamental Change Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any such acceleration of the Notes and its consequences if (i) rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than the non-payment of the then outstanding Bonds may rescind an acceleration Accreted Principal Amount of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such declaration of acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interestSpecial Interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee does not have an affirmative duty to determine whether any direction is prejudicial to any Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Fundamental Change Repurchase Price or Redemption Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interestSpecial Interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Securities of all series at the time outstanding determined in accordance with Section 8.05 Outstanding shall have the right to direct the time, method method, and place of conducting any proceeding for any remedy available to the Trustee Trustee, or exercising any trust or power conferred on the Trustee with respect to the BondsSecurities of such series; provided, however, that (a) such direction shall not be in conflict with any rule subject to the provisions of law or with this Indenture, and (bSection 6.01) the Trustee may take any other action deemed proper by shall have the Trustee that is not inconsistent with such direction. The Trustee may refuse right to decline to follow any such direction if the Trustee, being advised by counsel, determines that it determines is unduly prejudicial to the rights of any other Holder action or proceeding so directed may not lawfully be taken or if the Trustee in good faith shall determine that the action or proceedings so directed would involve the Trustee in personal liability. The Subject to Section 5.02, the Holders of not less than a majority in aggregate principal amount of the Bonds Securities of that series at the time outstanding determined in accordance with Section 8.05 Outstanding may on behalf of the Holders of all of the Bonds Securities of that series waive any existing Default past default or Event of Default described in clauses (a), (b), (c) or (g) of Section 5.01, or any other Event of Default for such series specified in the terms thereof as contemplated by Section 3.01 (or, in the case of an event in respect of the Company specified in clause (d), (e) or (f) of Section 5.01, the Holders of a majority in aggregate principal amount of all the Securities then Outstanding may waive any such default or Event of Default, or, in the case of an event in 35 28 respect of a Guarantor specified in clause (d), (e) or (f) of Section 5.01, the Holders of a majority in aggregate principal amount of all the Securities guaranteed hereunder by such Guarantor then Outstanding may waive any such default or Event of Default), and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, or premium, if any, on, or the principal (including of any Tax Event Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange of the Bonds or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such accelerationSecurities. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Securities of that series (or of all of the Securities, as the case may be) shall be restored to their former positions and rights hereunder, respectively; but no such waiver shall extend to any subsequent or other Default default or Event of Default or impair any right consequent thereon. Whenever any Default default or Event of Default hereunder shall have been waived as permitted by this Section 6.085.08, said Default shall cease to exist, and any default or Event of Default arising therefrom shall for all purposes of the Bonds Securities of that series and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether such directions are unduly prejudicial to such Holder) or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Change of Control Repurchase Redemption Price and any Listing Failure Event Fundamental Change Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liabilityliability (it being understood that the Trustee shall not have an affirmative duty to ascertain whether or not any such direction is unduly prejudicial to any other Holder). The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Redemption Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase Price) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Section 6.10.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 ‎Section 8.04 may on behalf of the Holders of all of the Bonds Notes (x) waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event Repurchase Price, any Fundamental Change of Control Repurchase Price and any Listing Failure Event Repurchase the Redemption Price, if applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section ‎Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article ‎Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders and (y) rescind any resulting acceleration of the Notes and its consequences if (i) such rescission would not conflict with any judgment or decree of a majority in aggregate principal amount court of competent jurisdiction and (ii) all existing Events of Default (other than nonpayment of the then outstanding Bonds may rescind an acceleration principal of, and its consequencesinterest on, including any related Default the Notes that resulted from have become due solely by such acceleration) have been cured or waived. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.08‎Section 6.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.

Direction of Proceedings and Waiver of Defaults by Majority of Holders. The Holders of not less than a majority of the aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 shall have the right to direct the time, method and place of conducting any proceeding for any remedy available to the Trustee or exercising any trust or power conferred on the Trustee with respect to the BondsNotes; provided, however, that (a) such direction shall not be in conflict with any rule of law or with this Indenture, and (b) the Trustee may take any other action deemed proper by the Trustee that is not inconsistent with such direction. The Trustee may refuse to follow any direction that it determines is unduly prejudicial to the rights of any other Holder (it being understood that the Trustee does not have an affirmative duty to ascertain whether or not such direction is unduly prejudicial to any Holder) or that would involve the Trustee in personal liability. The Holders of not less than a majority in aggregate principal amount of the Bonds Notes at the time outstanding determined in accordance with Section 8.05 8.04 may on behalf of the Holders of all of the Bonds Notes waive any existing past Default or Event of Default hereunder and its consequences except (i) a continuing Default or Event of Default default in the payment of accrued and unpaid interest, if any, on, or the principal (including any Tax Event the Fundamental Change Repurchase Price, any Change of Control Repurchase Price and any Listing Failure Event Repurchase Priceif applicable) of, the Bonds Notes when due that has not been cured pursuant to the provisions of Section 6.01, (ii) a failure by the Company or the Guarantor to pay or deliver, as the case may be, the consideration due upon exchange conversion of the Bonds Notes or (iii) a default in respect of a covenant or provision hereof which under Article 10 cannot be modified or amended without the consent of each Holder of an outstanding Bond Note affected; provided, however, that Holders of a majority in aggregate principal amount of the then outstanding Bonds may rescind an acceleration and its consequences, including any related Default that resulted from such acceleration. Upon any such waiver the Company, the Trustee and the Holders of the Bonds Notes shall be restored to their former positions and rights hereunder; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon. Whenever any Default or Event of Default hereunder shall have been waived as permitted by this Section 6.086.09, said Default shall cease to exist, and any or Event of Default arising therefrom shall for all purposes of the Bonds Notes and this Indenture be deemed to have been cured and to be not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default or impair any right consequent thereon.