Common use of Modification of Indenture without Consent of Holders of Series A Notes Clause in Contracts

Modification of Indenture without Consent of Holders of Series A Notes. In addition to subsections (a) through (j) of Section 10.1 of the Base Indenture, without the consent of any Holder of a Series A Note, the Company and the Trustee may (1) modify the form and terms of the Series A Notes in connection with a Successful Remarketing solely to set forth the modifications to the terms of the Series A Notes pursuant to Section 9.4 and (2) amend the Series A Notes, the Base Indenture (insofar as it relates to the Series A Notes) and this First Supplemental Indenture to conform the provisions thereof or hereof to the descriptions thereof or hereof contained in the preliminary prospectus supplement dated June 3, 2014 for the Series A Notes, as supplemented by any free writing prospectus used in connection with the offering of the Equity Units, under the sections entitled “Description of the Equity Units,” “Description of the Purchase Contracts,” “Certain Provisions of the Purchase Contract and Pledge Agreement” and “Description of the Remarketable Subordinated Notes.” Notwithstanding anything to the contrary in the Base Indenture, Section 10.1(j) of the Base Indenture will only apply with respect to the Series A Notes following the Purchase Contract Settlement Date.

Modification of Indenture without Consent of Holders of Series A Notes. In addition to subsections (a) through (j) of Section 10.1 of the Base Indenture, without the consent of any Holder of a Series A Note, the Company and the Trustee may (1) modify the form and terms of the Series A Notes in connection with a Successful Remarketing solely to set forth the modifications to the terms of the Series A Notes pursuant to Section 9.4 ‎9.4 and (2) amend the Series A Notes, the Base Indenture (insofar as it relates to the Series A Notes) and this First Supplemental Indenture to conform the provisions thereof or hereof to the descriptions thereof or hereof contained in the preliminary prospectus supplement dated June 3April 17, 2014 2018 for the Series A Notes, as supplemented by any free writing prospectus the related pricing term sheet used in connection with the offering of the Equity Units, under the sections entitled “Description of the Equity Units,” “Description of the Purchase Contracts,” “Certain Provisions of the Purchase Contract and Pledge Agreement” and “Description of the Remarketable Junior Subordinated Notes.” Notwithstanding anything to the contrary in the Base Indenture, Section 10.1(j) of the Base Indenture will only apply with respect to the Series A Notes following the Purchase Contract Settlement Date.

Modification of Indenture without Consent of Holders of Series A Notes. In addition to subsections (a) through (ji) of Section 10.1 of the Base Indenture, without the consent of any Holder of a Series A Note, the Company and the Series Trustee may (1) modify the form and terms of the Series A Notes in connection with a Successful Remarketing solely to set forth the modifications to the terms of the Series A Notes pursuant to Section SECTION 9.4 and (2) amend the Series A Notes, the Base Indenture (insofar as it relates to the Series A Notes) and this First Sixth Supplemental Indenture to conform the provisions thereof or hereof to the descriptions thereof or hereof contained in the preliminary prospectus supplement dated June 324, 2014 for the Series A Notes, as supplemented by any free writing prospectus used in connection with the offering of the Equity Units, under the sections entitled “Description of the Equity Units,” “Description of the Purchase Contracts,” “Certain Provisions of the Purchase Contract and Pledge Agreement” and “Description of the Remarketable Subordinated Notes.” Notwithstanding anything to the contrary in the Base Indenture, Section 10.1(j10.1(i) of the Base Indenture will only apply with respect to the Series A Notes following the Purchase Contract Settlement Date.

Modification of Indenture without Consent of Holders of Series A Notes. In addition to subsections (a) through (ji) of Section 10.1 of the Base Indenture, without the consent of any Holder of a Series A Note, the Company and the Series Trustee may (1) modify the form and terms of the Series A Notes in connection with a Successful Remarketing solely to set forth the modifications to the terms of the Series A Notes pursuant to Section SECTION 9.4 and (2) amend the Series A Notes, the Base Indenture (insofar as it relates to the Series A Notes) and this First Fourth Supplemental Indenture to conform the provisions thereof or hereof to the descriptions thereof or hereof contained in the preliminary prospectus supplement dated June 3, 2014 2013 for the Series A Notes, as supplemented by any free writing prospectus used in connection with the offering of the Equity Units, under the sections entitled “Description of the Equity Units,” “Description of the Purchase Contracts,” “Certain Provisions of the Purchase Contract and Pledge Agreement” and “Description of the Remarketable Subordinated Notes.” Notwithstanding anything to the contrary in the Base Indenture, Section 10.1(j10.1(i) of the Base Indenture will only apply with respect to the Series A Notes following the Purchase Contract Settlement Date.