Common use of Modification of Indenture Clause in Contracts

Modification of Indenture. With the prior written consent of all of the holders of the Bonds at the time Outstanding, evidenced as provided in Section 11.08, the Issuer and the Bondowner Representative may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any Supplemental Indenture; provided, however, that, no such Supplemental Indenture shall reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such Supplemental Indentures. Upon receipt by the Bondowner Representative of a Certified Resolution authorizing the execution of any such Supplemental Indenture, and upon the filing with the Bondowner Representative of evidence of the consent of Bondholders, as aforesaid, the Bondowner Representative shall join with the Issuer in the execution of such Supplemental Indenture, unless (i) such Supplemental Indenture affects the Bondowner Representative’s own rights, duties or immunities under this Indenture or otherwise, in which case the Bondowner Representative may in its discretion, but shall not be obligated to, enter into such Supplemental Indenture; or (ii) such Supplemental Indenture affects the rights or obligations of the Borrower hereunder or under the Loan Agreement, in which case the Bondowner Representative shall enter into such Supplemental Indenture only if the Bondowner Representative has received the Borrower’s written consent thereto. It shall not be necessary for the consent of the Bondholders under this Section to approve the particular form of any proposed Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Issuer and the Bondowner Representative of any Supplemental Indenture pursuant to the provisions of this Section, the Bondowner Representative (unless at the time the Bondowner Representative and/or one or more of its affiliates are the owners of all of the Bonds then Outstanding) shall give Bondholders and the Borrower, by first class mail, a notice setting forth in general terms the substance of such Supplemental Indenture. Any failure of the Bondowner Representative to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.

Modification of Indenture. with consent of holders of Debt Securities. With the prior written consent of all of the holders of the Bonds at the time Outstanding, (evidenced as provided in Section 11.088.1) of the holders of more than 50% in aggregate principal amount of the Debt Securities at the time Outstanding of each series affected by such supplement, the Issuer Company and the Bondowner Representative Guarantors, when authorized by a resolution of each of their respective Board of Directors, and the Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions provision to or changing in any manner or eliminating any of the provisions of this Indenture or of any Supplemental Indenturesupplemental indenture or of modifying in any manner the rights of the holders of such series of the Debt Securities; provided, however, that, that no such Supplemental Indenture supplemental indenture shall (i) extend the time or times of payment of the principal of, premium, if any, or the interest on, any series of Debt Securities, or reduce the aforesaid principal amount of, premium, if any, or the rate of interest on, any series of Debt Securities (and/or such other amount or amounts as any Debt Securities or supplemental indentures with respect thereto may provide to be due and payable upon declaration of acceleration of the maturity thereof pursuant to Section 7.1) or change the currency of payment of principal of, premium, if any, or interest on, any series of Debt Securities or reduce any amount payable on redemption thereof or alter or impair the right to convert the same at the rate and upon the terms provided in the Indenture or alter or impair the right to require redemption at the option of the holder, without the consent of the holder of each Debt Security so affected, or (ii) reduce the percentage of Debt Securities of any series, the vote or consent of the holders of Bonds whose consent which is required for such modifications and alterations, without the consent of the holders of all Debt Securities then Outstanding of such series under the Indenture. Notwithstanding the foregoing, no consent of the holders of Debt Securities shall be necessary to permit the execution of such Supplemental Indenturessupplemental indentures pursuant to Section 13.7. Upon receipt the request of the Company, accompanied by a copy of a resolution of its Board of Directors certified by the Bondowner Representative Secretary or an Assistant Secretary of a Certified Resolution the Company authorizing the execution of any such Supplemental Indenturesupplemental indenture, and upon the filing with the Bondowner Representative Trustee of evidence of the consent of Bondholders, holders of Debt Securities as aforesaid, the Bondowner Representative Trustee shall join with the Issuer Company and the Guarantors, as the case may be, in the execution of such Supplemental Indenture, supplemental indenture unless (i) such Supplemental Indenture supplemental indenture affects the Bondowner Representative’s Trustee's own rights, duties or immunities under this Indenture or otherwise, in which case the Bondowner Representative may Trustee may, in its discretion, but shall not be obligated toobligated, to enter into such Supplemental Indenture; or (ii) such Supplemental Indenture affects the rights or obligations of the Borrower hereunder or under the Loan Agreement, in which case the Bondowner Representative shall enter into such Supplemental Indenture only if the Bondowner Representative has received the Borrower’s written consent theretosupplemental indenture. It shall not be necessary for the consent of the Bondholders holders of Debt Securities under this Section 12.2 to approve the particular form of any proposed Supplemental Indenturesupplemental indenture, but it is shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Issuer and the Bondowner Representative of A supplemental indenture which changes or eliminates any Supplemental Indenture pursuant to the provisions provision of this Section, Indenture which has expressly been included solely for the Bondowner Representative (unless at the time the Bondowner Representative and/or benefit of one or more particular series of its affiliates are Debt Securities, or which modifies the owners of all rights of the Bonds then Outstanding) shall give Bondholders and the Borrower, by first class mail, a notice setting forth in general terms the substance holders of Debt Securities of such Supplemental Indenture. Any failure series with respect to such provision, shall be deemed not to affect the rights under this Indenture of the Bondowner Representative to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity holders of Debt Securities of any such Supplemental Indentureother series.

Modification of Indenture. With the prior written consent of all of the holders of the Bonds at the time OutstandingMajority Owner, evidenced as provided in Section 11.0811.07, the Issuer and the Bondowner Representative Trustee may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any Supplemental Indenturesupplemental indenture; provided, however, that, without the consent of all of the Holders of the Outstanding Notes, no such Supplemental Indenture supplemental indenture shall (a) extend the fixed maturity of any Note or reduce the rate of interest thereon or extend the time of payment of interest, or reduce the amount of the principal thereof, (b) reduce the aforesaid percentage of holders of Bonds Notes whose consent is required for the execution of such Supplemental Indentures. Upon receipt by supplemental indentures, (c) permit the Bondowner Representative of a Certified Resolution authorizing the execution creation of any such Supplemental lien on the Revenues prior to or on a parity with the lien of this Indenture, and upon or deprive the filing with the Bondowner Representative of evidence holders of the consent Notes of Bondholdersthe lien created by this Indenture, except as aforesaid, the Bondowner Representative shall join with the Issuer permitted herein or in the execution of such Supplemental Indenture, unless (i) such Supplemental Indenture affects the Bondowner Representative’s own rights, duties or immunities under this Indenture or otherwise, in which case the Bondowner Representative may in its discretion, but shall not be obligated to, enter into such Supplemental Indenture; or (ii) such Supplemental Indenture affects the rights or obligations of the Borrower hereunder or under the Loan Agreement, in which case (d) permit the Bondowner Representative shall enter into such Supplemental Indenture only if the Bondowner Representative has received the Borrower’s written consent theretocreation of any preference of any Noteholder over any other Noteholder. It shall not be necessary for the consent of the Bondholders Noteholders under this Section 9.02 to approve the particular form of any proposed Supplemental Indenturesupplemental indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Issuer and the Bondowner Representative Trustee of any Supplemental Indenture supplemental indenture pursuant to the provisions of this SectionSection 9.02, the Bondowner Representative (unless at the time the Bondowner Representative and/or one or more of its affiliates are the owners of all of the Bonds then Outstanding) Trustee shall give Bondholders and the Borrower, by first class mail, deliver to Noteholders a notice setting forth in general terms the substance of such Supplemental Indenturesupplemental indenture. Any failure of the Bondowner Representative Trustee to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. Effect of Supplemental Indenture.Indenture . Upon the execution of any supplemental indenture pursuant to the provisions of this Article IX, this Indenture shall be and be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Indenture of the Issuer, the Trustee and all holders of Outstanding Notes shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such supplemental indenture shall be part of the terms and conditions of this Indenture for any and all purposes. Opinion of Counsel as to Supplemental Indenture . Subject to the provisions of Section 8.01, the Trustee shall be entitled to receive, and shall be fully protected in relying upon, an Opinion of Counsel for the Issuer to the effect that any supplemental indenture executed pursuant to the provisions of this Article IX is authorized and permitted by this Indenture and that all conditions precedent to the execution of the Supplemental Indenture have been complied with. Notation of Modification on Notes; Preparation of New Notes . Notes authenticated and delivered after the execution of any supplemental indenture pursuant to the provisions of this Article IX may bear a notation, in form approved by the Issuer as to any matter provided for in such supplemental indenture, and if such supplemental indenture shall so provide, new Notes, so modified as to conform, in the opinion of the Issuer, to any modification of this Indenture contained in any such supplemental indenture, may be prepared by the Issuer, authenticated by the Trustee and delivered without cost to the holders of the Notes then Outstanding, upon surrender for cancellation of such Notes in equal aggregate principal amounts. Alternative Rat

Modification of Indenture. With the prior written consent of all of the holders of the Bonds at the time Outstanding, evidenced as provided in Section 11.08, the Issuer and the Bondowner Representative may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture or of any Supplemental Indenture; provided, however, that, no such Supplemental Indenture shall reduce the aforesaid percentage of holders of Bonds whose consent is required for the execution of such Supplemental Indentures. Upon receipt by the Bondowner Representative of a Certified Resolution authorizing the execution of any such Supplemental Indenture, and upon the filing with the Bondowner Representative of evidence of the consent of Bondholders, as aforesaid, the Bondowner Representative shall join with the Issuer in the execution of such Supplemental Indenture, unless (ia) such Supplemental Indenture affects the Bondowner Representative’s own rights, duties or immunities under this Indenture or otherwise, in which case the Bondowner Representative may in its discretion, but shall not be obligated to, enter into such Supplemental Indenture; or (iib) such Supplemental Indenture affects the rights or obligations of the Borrower hereunder or under the Loan Agreement, in which case the Bondowner Representative shall enter into such Supplemental Indenture only if the Bondowner Representative has received the Borrower’s written consent thereto. It shall not be necessary for the consent of the Bondholders under this Section to approve the particular form of any proposed Supplemental Indenture, but it shall be sufficient if such consent shall approve the substance thereof. Promptly after the execution by the Issuer and the Bondowner Representative of any Supplemental Indenture pursuant to the provisions of this Section, the Bondowner Representative (unless at the time the Bondowner Representative and/or one or more of its affiliates are the owners of all of the Bonds then Outstanding) shall give Bondholders and the Borrower, by first class mail, a notice setting forth in general terms the substance of such Supplemental Indenture. Any failure of the Bondowner Representative to give such notice, or any defect therein, shall not, however, in any way impair or affect the validity of any such Supplemental Indenture.