Modification and Waiver Sample Clauses

Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each series to be affected.Under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of this series or any other series of Outstanding Securities may, on behalf of all Holders of that series, waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that series. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 21 contracts 3m Co, 3m Co, 3m Co,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights therights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each series to be affected.Under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of this series or any other series of Outstanding Securities may, on behalf of all Holders of that series, waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that series. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 13 contracts 3m Co, 3m Co, 3m Co,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each series to be affected.Under the Indenture, . The Indenture also contains (Reverse of Security continued on next page) provisions (i) permitting the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding Securities of this each series or any other series of Outstanding Securities mayto be affected under the Indenture, on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants provisions of the Indenture, Indenture and waive (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of any past Event of Default series to be affected under the Indenture, but in each case only with respect to that on behalf of the Holders of all Securities of such series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default to waive certain past defaults under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriesand their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The 2016 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuers and the rights of the Holders of the Securities of each series to be affected under the 2016 Indenture at any time by the Company Issuers and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2016 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2016 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2016 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2016 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2016 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The 1999 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 1999 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each all series to be affected.Under the Indenture, affected (considered together as one class for this purpose). The 1999 Indenture also contains provisions (i) permitting the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding Securities of all series to be affected under the 1999 Indenture (considered together as one class for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants provisions of the Indenture, 1999 Indenture and waive (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of any past Event of Default series to be affected under the Indenture1999 Indenture (with each such series considered separately for this purpose), but in each case only with respect to that on behalf of the Holders of all Securities of such series, except an Event of Default in to waive certain past defaults under the payment of the principal of or any premium or interest on 1999 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each series to be affected.Under the Indenture, affected thereby. The Indenture also contains provisions permitting the Holders of a majority specified percentages in aggregate principal amount of the Outstanding Securities of this each series or any other series of at the time Outstanding Securities may, on behalf of all the Holders of that series, all Securities of such series to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and certain past defaults under the consent of the holders of each Outstanding Security of that seriesIndenture and their consequences. Any such consent or waiver by the Holder Holders of Outstanding Securities of this Security series shall be conclusive and binding upon such the Holder of this Security and upon all future Holders of this Security and the Persons who are beneficial owners of interests represented hereby, and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority 662/3% in principal amount of the Outstanding Securities of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in aggregate principal amount of the Securities of each series at the time Outstanding on behalf of each series to be affected.Under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding all Securities of this such series or any other series of Outstanding Securities may, on behalf of all Holders of that series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and certain past defaults under the consent of the holders of each Outstanding Security of that seriesIndenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Bank and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company Bank and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each series to be affected.Under the Indenture, . The Indenture also contains provisions permitting the Holders of a majority specified percentages in aggregate principal amount of the Outstanding Securities of this each series or any other series of Outstanding Securities mayat the time Outstanding, on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company Bank with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and certain past defaults under the consent of the holders of each Outstanding Security of that seriesIndenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each all series to be affected.Under the Indenture, affected (considered together as one class for this purpose). The Indenture also contains provisions (i) permitting the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding Securities of all series to be affected under the Indenture (considered together as one class for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and (ii) permitting the consent Holders of a majority in principal amount of the holders Securities at the time Outstanding of any series to be affected under the Indenture (with each Outstanding Security such series considered separately for this purpose), on behalf of that the Holders of all Securities of such series, to waive certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. (Reverse of Security continued on next page)
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security. For the purpose of this paragraph, the term “default” means, with respect to any Securities, any event which is, or after notice or lapse of time or both would become, an Event of Default or Covenant Breach in respect of such Securities.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. For the purpose of this paragraph, the term “default” means, with respect to any Securities, any event which is, or after notice or lapse of time or both would become, an Event of Default or Covenant Breach in respect of such Securities. As used in this Section 9, the term “series” (and references to the Securities of a series) shall mean Supplemental Obligations having the same CUSIP number. (Reverse of Security continued on next page)
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security. For the purpose of this paragraph, the term “default” means, with respect to any Securities, any event which is, or after notice or lapse of time or both would become, an Event of Default or Covenant Breach in respect of such Securities. As used in this Section 10, the term “series” (and references to the Securities of a series) shall mean only Securities having the same CUSIP number.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Indenture and the rights of the Holders of the Securities of each series to be affected under the Indenture Notes at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of not less than a majority in aggregate principal amount of the Securities Notes at the time Outstanding Outstanding. The Indenture also contains provisions permitting the Holders of each series at least a majority in principal amount of the Notes at the time Outstanding, on behalf of the Holders of all Notes, to be affected.Under waive compliance by the Company with certain covenants of the Indenture. In addition, the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of this series or any other series of Outstanding Securities mayNotes at the time Outstanding, on behalf of all the Holders of that seriesall Notes, may waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security Note shall be conclusive and binding upon such Holder and upon all future Holders of this Security Note and of any Security Note issued upon the registration of transfer hereof or in exchange herefor hereof or in lieu hereof, whether or not notation of such consent or waiver is made upon this SecurityNote.
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Company, and the rights of the Holders of the Securities of each series to be affected affected, under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all such affected Securities, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of affected (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. (Reverse of Security continued on next page)
Appears in 1 contract Goldman Sachs Group Inc,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the (Reverse of Security continued on next page) Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital V,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such (Reverse of Security continued on next page) Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital Ii,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Guarantor and the rights of the Holders of the Securities of each series Supplemental Obligations to be affected under the Indenture at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities Supplemental Obligations at the time Outstanding of each series Supplemental Obligation to be affected.Under the Indenture, . The Indenture also contains provisions permitting the Holders of a majority specified percentages in aggregate principal amount of a Supplemental Obligation at the Outstanding Securities of this series or any other series of Outstanding Securities maytime Outstanding, on behalf of the all Holders of that seriessuch Supplemental Obligation, to waive compliance by the Company or the Guarantor with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and certain past defaults under the consent of the holders of each Outstanding Security of that seriesIndenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and the Persons who are beneficial owners of interests represented hereby, and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Nomura America Finance, LLC,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered (Reverse of Security continued on next page) together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital V,
Modification and Waiver. The 1999 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 1999 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each all series to be affected.Under the Indenture, affected (considered together as one class for this purpose). The 1999 Indenture also contains provisions (i) permitting the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding Securities of all series to be affected under the 1999 Indenture (Reverse of Security continued on next page) (considered together as one class for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants provisions of the Indenture, 1999 Indenture and waive (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of any past Event of Default series to be affected under the Indenture1999 Indenture (with each such series considered separately for this purpose), but in each case only with respect to that on behalf of the Holders of all Securities of such series, except an Event of Default in to waive certain past defaults under the payment of the principal of or any premium or interest on 1999 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Group Inc,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuer and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company Issuer and the Trustee with the consent of the Holders holders of at least a majority in aggregate principal amount of Notes at the time outstanding of each series which is affected by such amendment or modification voting as one class, except that certain amendments specified in the Indenture may be made without approval of holders of the Notes. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the outstanding Debt Securities at the time Outstanding of each any series to be affected.Under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of this series or any other series of Outstanding Securities may, waive on behalf of all Holders of that series, waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security such series of that seriesDebt Securities compliance by the Issuer with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder holder of this Security Note shall be conclusive and binding upon such Holder holder and upon all future Holders of this Security Note and of any Security Note issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, hereof whether or not notation of such consent or waiver is made upon this SecurityNote.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. For the purpose of this paragraph, the term “default” means, with respect to any Securities, any event which is, or after notice or lapse of time or both would become, an Event of Default or Covenant Breach in respect of such Securities. (Reverse of Security continued on next page)
Appears in 1 contract Goldman Sachs Group Inc,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Company, and the rights of the Holders of the Securities of each series to be affected affected, under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all such affected Securities, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to (Reverse of Security continued on next page) -3- waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Group Inc,
Modification and Waiver. The GSFC 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Guarantor and the rights of the Holders of the Securities of each series to be affected under the GSFC 2008 Indenture at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, (Reverse of Security continued on next page) considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The GSFC 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the GSFC 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the GSFC 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of GSFC 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on GSFC 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract GS Finance Corp.,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities (Reverse of Security continued on next page) at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. (Reverse of Security continued on next page)
Appears in 1 contract Goldman Sachs Capital Ii,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Guarantor and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.. (Reverse of Security continued on next page)
Appears in 1 contract Goldman Sachs Capital III,
Modification and Waiver. The 2016 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company Issuers and the rights of the Holders of the Securities of each series to be affected under the 2016 Indenture at any time by the Company Issuers and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2016 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each series to be affected.Under affected under the 2016 Indenture, the Holders of a majority in aggregate principal amount considered together as one class for this purpose (such affected Securities may be Securities of the Outstanding same or different series and, with respect to any particular series, may comprise fewer than all the Securities of this series or any other series of Outstanding Securities maysuch series), on behalf of all the Holders of that seriesall Securities so affected, to waive compliance by the Company with certain restrictive covenants provisions of the Indenture, 2016 Indenture and waive (ii) permitting the Holders of a majority in principal (Reverse of Security continued on next page) amount of the Securities at the time Outstanding of any past Event of Default series to be affected under the Indenture2016 Indenture (with each such series considered separately for this purpose), but in each case only with respect to that on behalf of the Holders of all Securities of such series, except an Event of Default in to waive certain past defaults under the payment of the principal of or any premium or interest on 2016 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding of each all series to be affected.Under the Indenture, affected (considered together as one class for this purpose). The Indenture also contains provisions (i) permitting the Holders of a majority in aggregate principal amount of the Securities at the time Outstanding Securities of all series to be affected under the Indenture (considered together as one class for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, (Reverse of Security continued on next page) to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on and Securities of that series or an Event of Default under any provision provisions of the Indenture which itself cannot be modified or amended without and (ii) permitting the consent Holders of a majority in principal amount of the holders Securities at the time Outstanding of any series to be affected under the Indenture (with each Outstanding Security such series considered separately for this purpose), on behalf of that the Holders of all Securities of such series, to waive certain past defaults under the Indenture and their consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital V,
Modification and Waiver. The 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company (Reverse of Security continued on next page)Company and the rights of the Holders of the Securities of each series to be affected under the 2008 Indenture at any time by the Company and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital V,
Modification and Waiver. The GSFC 2008 Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Guarantor and the rights of the Holders of the Securities of each series to be affected under the GSFC 2008 Indenture at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer (Reverse of Security continued on next page) than all the Securities of such series). The GSFC 2008 Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the GSFC 2008 Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the GSFC 2008 Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of GSFC 2008 Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on GSFC 2008 Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital Ii,
Modification and Waiver. The Indenture permits, with certain exceptions as therein provided, the amendment thereof and the modification of the rights and obligations of the Company and the Guarantor and the rights of the Holders of the Securities of each series to be affected under the Indenture at any time by the Company Company, the Guarantor and the Trustee with the consent of the Holders of a majority in aggregate principal amount of all Securities at the time Outstanding to be affected, considered together as one class for this purpose (such Securities to be affected may be Securities of the same or different series and, with respect to any series, may comprise fewer than all the Securities of such series). The Indenture also contains provisions (i) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding to be affected under the Indenture, considered together as one class for this purpose (such affected Securities may be Securities of the same or different series and, with respect to any particular series, may comprise fewer than all the Securities of such series), on behalf of the Holders of all Securities so affected, to waive compliance by the Company with certain provisions of the Indenture and (ii) permitting the Holders of a majority in principal amount of the Securities at the time Outstanding of each any series to be affected.Under affected under the Indenture, the Holders of a majority in aggregate principal amount of the Outstanding Securities of Indenture (with each such series considered separately for this series or any other series of Outstanding Securities maypurpose), on behalf of all the Holders of that all Securities of such series, to waive compliance by the Company with certain restrictive covenants of the Indenture, and waive any past Event of Default defaults under the Indenture, but in each case only with respect to that series, except an Event of Default in the payment of the principal of or any premium or interest on Indenture and Securities of that series or an Event of Default under any provision of the Indenture which itself cannot be modified or amended without the consent of the holders of each Outstanding Security of that seriestheir consequences. Any such consent or waiver by the Holder of this Security shall be conclusive and binding upon such Holder and upon all future Holders of this Security and of any Security issued upon the registration of transfer hereof or in exchange herefor or in lieu hereof, whether or not notation of such consent or waiver is made upon this Security.
Appears in 1 contract Goldman Sachs Capital III