Common use of Modification and Waivers Clause in Contracts

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive 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 of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i))provided, the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer with the consent of the holders of not less than 66 2/3% in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, on behalf of the holders of all such Securities, to waive 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 of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

Modification and Waivers. The Indenture permitsterms and conditions of this Note may be modified, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i)), the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time amended or supplemented by the Issuer with Issuer, without the consent of the holders Holder hereof: (i) to evidence succession of not less than 66 2/3% in aggregate principal amount another party to the Issuer, and such party’s assumption of the series Issuer’s obligations under this Note, upon the occurrence of Notes a merger or consolidation, or transfer, sale or lease of assets as described in Section 4 hereof; (ii) to add additional covenants, restrictions or conditions for the protection of the registered Holder hereof; or (iii) to cure ambiguities in this Note, or correct defects or inconsistencies in the provisions hereof. However, this Note may not be modified or amended without the express written consent of the registered Holder to: (i) change the Stated Maturity; (ii) extend the time of payment for the interest on this Note; (iii) change the coin or currency in which the principal of or interest on this Note is a part then outstanding and all other Securities payable; (as defined in iv) reduce the Indenture) then outstanding under the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting the holders of a majority in aggregate principal amount hereof or the interest rate hereon; (v) change the method of payment to other than wire transfer in immediately available funds; (vi) impair the right of the series registered Holder hereof to institute suit for the enforcement of Notes payments or principal of which or interest on this Note is a part then outstanding and all other Securities then outstanding under Note; (vii) change the Indenture and affected thereby, on behalf definition of “Event of Default” or otherwise eliminate or impair any remedy available hereunder upon the holders occurrence of all such Securities, to waive compliance by any Event of Default; or (viii) modify the Issuer with certain provisions of herein governing the Indenture and certain past defaults under the Indenture and their consequencesamendment hereof. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notesthis Note. New Notes Any new Note so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee Issuer and delivered in exchange for this Note.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to contains provisions permitting the exceptions set forth in Section 15.11(i)), the amendment of the Indenture Company and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer Trustee, with the consent of the holders of not less than 66 66-2/3% in aggregate principal amount of the each series of Notes the Securities at the time Outstanding to be affected, evidenced as in the Indenture provided, to execute supplemental indentures adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or of any supplemental indenture or modifying in any manner the rights of the holders of the Securities of all such series; provided, however, that no such supplemental indenture shall, among other things, (i) change the fixed maturity of any Security, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon or reduce any premium payable on redemption, or make the principal thereof, or premium, if any, or interest thereon payable in any coin or currency other than that hereinabove provided, 30 without the consent of the holder of each Security so affected, or (ii) change the place of payment on any Security, or impair the right to institute suit for payment on any Security, or reduce the aforesaid percentage of Securities, the holders of which this Note are required to consent to any such supplemental indenture, without the consent of the holders of each Security so affected. It is a part then outstanding and all other Securities (as defined also provided in the Indenture) then outstanding under Indenture that, prior to any declaration accelerating the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting Maturity of any series of Securities, the holders of a majority in aggregate principal amount of the Securities of such series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, Outstanding may on behalf of the holders of all the Securities of such Securities, to series waive compliance by the Issuer with certain provisions any past default or Event of the Indenture and certain past defaults Default under the Indenture with respect to such series and their its consequences, except a default in the payment of interest, if any, on or the principal of, or premium if any, on any of the Securities of such series, or in the payment of any sinking fund installment or analogous obligation with respect to Securities of such series. Any such consent or waiver by the holder Holder of this Note shall be conclusive and binding upon such holder Holder and upon all future holders and owners of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will Notes which may be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof herefor, irrespective of whether or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of not any agreement modifying, amending or supplementing notation thereof is made upon this Note may bear a notation in a form approved by the Issuer as to any matter provided for in or such modification, amendment or supplement to the Indenture or the other Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to contains provisions permitting the exceptions set forth in Section 15.11(i)), the amendment of the Indenture Company and the modification of the rights and obligations of the Issuer and the rights of the holders of the Notes under the Indenture at any time by the Issuer Trustee, with the consent of the holders of not less than 66 66-2/3% in aggregate principal amount of the each series of Notes the Securities at the time Outstanding to be affected, evidenced as in the Indenture provided, to execute supplemental indentures adding any provisions to or changing in any manner or eliminating any of the provisions of the Indenture or of any supplemental indenture or modifying in any manner the rights of the holders of the Securities of all such series; provided, however, that no such supplemental indenture shall, among other things, (i) change the fixed maturity of any Security, or reduce the principal amount thereof, or reduce the rate or extend the time of payment of interest thereon or reduce any premium payable on redemption, or make the principal thereof, or premium, if any, or interest thereon payable in any coin or currency other than that hereinabove provided, without the consent of the holder of each Security so affected, or (ii) change the place of payment on any Security, or impair the right to institute suit for payment on any Security, or reduce the aforesaid percentage of Securities, the holders of which this Note are required to consent to any such supplemental indenture, without the consent of the holders of each Security so affected. It is a part then outstanding and all other Securities (as defined also provided in the Indenture) then outstanding under Indenture that, prior to any declaration accelerating the Indenture and affected by such amendment and modification. The Indenture also contains provisions permitting Maturity of any series of Securities, the holders of a majority in aggregate principal amount of the Securities of such series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, Outstanding may on behalf of the holders of all the Securities of such Securities, to series waive compliance by the Issuer with certain provisions any past default or Event of the Indenture and certain past defaults Default under the Indenture with respect to such series and their its consequences, except a default in the payment of interest, if any, on or the principal of, or premium if any, on any of the Securities of such series, or in the payment of any sinking fund installment or analogous obligation with respect to Securities of such series. Any such consent or waiver by the holder Holder of this Note shall be conclusive and binding upon such holder Holder and upon all future holders and owners of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will Notes which may be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof herefor, irrespective of whether or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of not any agreement modifying, amending or supplementing notation thereof is made upon this Note may bear a notation in a form approved by the Issuer as to any matter provided for in or such modification, amendment or supplement to the Indenture or the other Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i))provided, the amendment of the Indenture thereof and the modification of the rights and obligations of the Issuer Company and the rights of the holders Holders of the Notes Securities of each series to be affected under the Indenture at any time by the Issuer Company and the Trustee with the consent of the holders Holders of not less than 66 2/3% a majority in aggregate principal amount of the Securities at the time Outstanding of all series of Notes of which this Note is to be affected, acting together as a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modificationclass. The Indenture also contains provisions permitting the holders Holders of a majority in aggregate principal amount of the Securities of all series at the time Outstanding affected by certain provisions of Notes of which this Note is the Indenture, acting together as a part then outstanding and all other Securities then outstanding under the Indenture and affected therebyclass, on behalf of the holders Holders of all Securities of such Securitiesseries, to waive compliance by the Issuer Company with certain those provisions of the Indenture and certain Indenture. Certain past defaults under the Indenture and their consequencesconsequences may be waived under the Indenture by the Holders of a majority in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series. Solely for the purpose of determining whether any consent, waiver, notice or other action or Act to be taken or given by the Holders of Securities pursuant to the Indenture has been given or taken by the Holders of Outstanding Securities in the requisite aggregate principal amount, the principal amount of this Security will be deemed to be equal to the amount set forth on the face hereof as the “Principal Amount” hereof. Any such consent or waiver by the holder Holder of this Note Security shall be conclusive and binding upon such holder Holder and upon all future holders Holders of this Note Security and of any Note Security 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 Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes so modified as to conform, in the opinion of the Issuer, to any provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this NoteSecurity.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i))provided, the amendment of the Indenture and the modification of the rights and obligations of the Issuer Company and the Guarantor and the rights of the holders of the Notes under the Indenture a Supplemental Obligation at any time by the Issuer Company, the Guarantor and the Trustee with the consent of the holders of not less than 66 2/3% a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding affected Supplemental Obligation and all other Securities (as defined in the Indenture) ), including Supplemental Obligations, then outstanding under the Indenture and affected by such amendment and modification, 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 Indenture also contains terms and provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding affected Supplemental Obligation and all other Securities Securities, including Supplemental Obligations, then outstanding under the Indenture and affected thereby, 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), on behalf of the holders of all such affected Securities, to waive compliance by the Issuer Company or the Guarantor with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note such Supplemental Obligation shall be conclusive and binding upon such holder and upon all future holders of this Note such Supplemental Obligation and of any Note issued upon the registration of transfer hereof thereof or in exchange herefor therefor or in lieu hereof thereof whether or not notation of such consent or waiver is made upon this such Note. The determination of whether a particular Securities are Security is “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes new Global Security authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer Company as to any matter provided for in such modification, amendment or supplement to the Indenture or the NotesSupplemental Obligations. New Notes Any new Global Security so modified as to conform, in the opinion of the IssuerCompany, to any terms or provisions contained in any such modification, amendment or supplement may be prepared by the IssuerCompany, authenticated by the Trustee and delivered in exchange for this Note.

Modification and Waivers. The Indenture permits, with certain exceptions as therein provided (including, but not limited to the exceptions set forth in Section 15.11(i))provided, the amendment of the Indenture and the modification of the rights and obligations of the Issuer and the Guarantor and the rights of the holders of the Notes under the Indenture at any time by the Issuer Issuer, the Guarantor and the Trustee with the consent of the holders of not less than 66 2/3% a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities (as defined in the Indenture) then outstanding under the Indenture and affected by such amendment and modification, 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 Indenture also contains terms and provisions permitting the holders of a majority in aggregate principal amount of the series of Notes of which this Note is a part then outstanding and all other Securities then outstanding under the Indenture and affected thereby, 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), on behalf of the holders of all such affected Securities, to waive compliance by the Issuer or the Guarantor with certain provisions of the Indenture and certain past defaults under the Indenture and their consequences. Any such consent or waiver by the holder of this Note shall be conclusive and binding upon such holder and upon all future holders of this Note and of any Note 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 Note. The determination of whether particular Securities are “outstanding” will be made in accordance with the Indenture. Any action by the holder of this Note shall bind all future holders of this Note, and of any Note issued in exchange or substitution hereof or in place hereof, in respect of anything done or permitted by the Issuer or by the Trustee in pursuance of such action. New Notes Any new Note authenticated and delivered after the execution of any agreement modifying, amending or supplementing this Note may bear a notation in a form approved by the Issuer as to any matter provided for in such modification, amendment or supplement to the Indenture or the Notes. New Notes Any new Note so modified as to conform, in the opinion of the Issuer, to any terms or provisions contained in any such modification, amendment or supplement may be prepared by the Issuer, authenticated by the Trustee and delivered in exchange for this Note.