Common use of Modification of Indenture with Consent of Holders of Series A Notes Clause in Contracts

Modification of Indenture with Consent of Holders of Series A Notes. With the consent of the Holders of not less than a majority in the principal amount of Series A Notes then outstanding (except as otherwise provided in the first proviso of Section 10.2 of the Base Indenture), the Company and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto or to the Base Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Base Indenture or this First Supplemental Indenture or of modifying in any manner the rights of the Holders of the Series A Notes; provided, however, that, in addition to the restrictions set forth in the first proviso contained in Section 10.2 of the Base Indenture (which shall apply to this Section ‎8.2, mutatis mutandis), no supplemental indenture may without the consent of the Holders of each outstanding Series A Note directly affected thereby: (i) modify the Put Right of Holders of the Series A Notes upon a Failed Remarketing in a manner materially adverse to the Holders, (ii) modify the Remarketing provisions of the Series A Notes in a manner materially adverse to the Holders or (iii) modify Section ‎2.15 hereof in a manner adverse to Holders, it being understood that any modification of the terms of the Series A Notes permitted pursuant to Section ‎9.4 in connection with a Remarketing that is made in accordance with the terms of the Indenture may be made without the consent of any Holders of the Series A Notes. The first paragraph of Section 10.2 of the Base Indenture shall not apply with respect to the Series A Notes (other than the first proviso therein, which shall apply as set forth in the immediately preceding sentence), and any reference in the Base Indenture to the provisions therein shall, for purposes of the Series A Notes, be deemed to refer instead to the applicable provision in this Section ‎8.2.

Modification of Indenture with Consent of Holders of Series A Notes. With the consent of the Holders of not less than a majority in the principal amount of Series A Notes then outstanding (except as otherwise provided in the first proviso of said Section 10.2 of the Base Indenture10.2), the Company Company, when authorized by a Resolution of the Company, and the Series Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto or to the Base Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Base Indenture or this First Sixth Supplemental Indenture or of modifying in any manner the rights of the Holders of the Series A Notes; provided, however, that, in addition to the restrictions set forth in the first proviso contained in Section 10.2 of the Base Indenture (which shall apply to this Section ‎8.28.2, mutatis mutandis), no supplemental indenture may without the consent of the Holders of each outstanding Series A Note directly affected thereby: (i) modify the Put Right of Holders of the Series A Notes upon a Failed Remarketing in a manner materially adverse to the HoldersHolders or, (ii) modify the Remarketing provisions of the Series A Notes in a manner materially adverse to the Holders or (iii) modify Section ‎2.15 2.15 hereof in a manner adverse to Holders, it being understood that any modification of the terms of the Series A Notes permitted pursuant to Section ‎9.4 SECTION 9.4 in connection with a Remarketing that is made in accordance with the terms of the Indenture may be made without the consent of any Holders of the Series A Notes. The first paragraph of Section 10.2 of the Base Indenture shall not apply with respect to the Series A Notes (other than the first proviso therein, which shall apply as set forth in the immediately preceding sentence), and any reference in the Base Indenture to the provisions therein such provision shall, for purposes of the Series A Notes, be deemed to refer instead to the applicable provision in this Section ‎8.28.2.

Modification of Indenture with Consent of Holders of Series A Notes. With the consent of the Holders of not less than a majority in the principal amount of Series A Notes then outstanding (except as otherwise provided in the first proviso of said Section 10.2 of the Base Indenture10.2), the Company Company, when authorized by a Resolution of the Company, and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto or to the Base Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Base Indenture or this First Supplemental Indenture or of modifying in any manner the rights of the Holders of the Series A Notes; provided, however, that, in addition to the restrictions set forth in the first proviso contained in Section 10.2 of the Base Indenture (which shall apply to this Section ‎8.28.2, mutatis mutandis), no supplemental indenture may without the consent of the Holders of each outstanding Series A Note directly affected thereby: (i) modify the Put Right of Holders of the Series A Notes upon a Failed Remarketing in a manner materially adverse to the Holders, (ii) modify the Remarketing provisions of the Series A Notes in a manner materially adverse to the Holders or (iii) modify Section ‎2.15 2.15 hereof in a manner adverse to Holders, it being understood that any modification of the terms of the Series A Notes permitted pursuant to Section ‎9.4 9.4 in connection with a Remarketing that is made in accordance with the terms of the Indenture may be made without the consent of any Holders of the Series A Notes. The first paragraph of Section 10.2 of the Base Indenture shall not apply with respect to the Series A Notes (other than the first proviso therein, which shall apply as set forth in the immediately preceding sentence), and any reference in the Base Indenture to the provisions therein shall, for purposes of the Series A Notes, be deemed to refer instead to the applicable provision in this Section ‎8.28.2.

Modification of Indenture with Consent of Holders of Series A Notes. With the consent of the Holders of not less than a majority in the principal amount of Series A Notes then outstanding (except as otherwise provided in the first proviso of said Section 10.2 of the Base Indenture10.2), the Company Company, when authorized by a Resolution of the Company, and the Series Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto or to the Base Indenture for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of the Base Indenture or this First Fourth Supplemental Indenture or of modifying in any manner the rights of the Holders of the Series A Notes; provided, however, that, in addition to the restrictions set forth in the first proviso contained in Section 10.2 of the Base Indenture (which shall apply to this Section ‎8.28.2, mutatis mutandis), no supplemental indenture may without the consent of the Holders of each outstanding Series A Note directly affected thereby: (i) modify the Put Right of Holders of the Series A Notes upon a Failed Remarketing in a manner materially adverse to the HoldersHolders or, (ii) modify the Remarketing provisions of the Series A Notes in a manner materially adverse to the Holders or (iii) modify Section ‎2.15 2.15 hereof in a manner adverse to Holders, it being understood that any modification of the terms of the Series A Notes permitted pursuant to Section ‎9.4 SECTION 9.4 in connection with a Remarketing that is made in accordance with the terms of the Indenture may be made without the consent of any Holders of the Series A Notes. The first paragraph of Section 10.2 of the Base Indenture shall not apply with respect to the Series A Notes (other than the first proviso therein, which shall apply as set forth in the immediately preceding sentence), and any reference in the Base Indenture to the provisions therein such provision shall, for purposes of the Series A Notes, be deemed to refer instead to the applicable provision in this Section ‎8.28.2.