Common use of Modifications and Waivers; Obligation of the Company Absolute Clause in Contracts

Modifications and Waivers; Obligation of the Company Absolute. 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 at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest on this Security at the times, places and rate, and in the coin or currency, herein prescribed.

Appears in 282 contracts

Samples: Indenture (Prospect Capital Corp), Indenture (Prospect Capital Corp), Supplemental Indenture (Prospect Capital Corp)

AutoNDA by SimpleDocs

Modifications and Waivers; Obligation of the Company Absolute. 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 at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest any other amounts required to be paid on this Security at the times, places and rate, and in the coin or currency, herein prescribed.

Appears in 12 contracts

Samples: Canadian Imperial Bank of Commerce /Can/, Canadian Imperial Bank of Commerce /Can/, Canadian Imperial Bank of Commerce /Can/

Modifications and Waivers; Obligation of the Company Absolute. 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 at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest and Additional Interest, if any, on this Security at the times, places and rate, and in the coin or currency, herein prescribed.

Appears in 2 contracts

Samples: Dow Inc., Dow Inc.

Modifications and Waivers; Obligation of the Company Absolute. 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 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 holders of at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security Note or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of of, premium, if any, and interest on this Security Note at the timestime, places place, and raterate or formula, and in the coin or currency, herein prescribedand in the Indenture prescribed unless otherwise agreed between the Company and the registered holder of this Note. Registered Holder Treated as Owner. Prior to due presentment of this Note for registration of transfer, the Company or any agent of the Company, the Registrar or the Trustee may treat the holder in whose name this Note is registered as the owner hereof for all purposes, whether or not this Note be overdue, and neither the Company, the Registrar, the Trustee nor any such agent shall be affected by notice to the contrary.

Appears in 2 contracts

Samples: Security Capital Group Inc/, Security Capital Group Inc/

AutoNDA by SimpleDocs

Modifications and Waivers; Obligation of the Company Absolute. 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 at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of and interest (and Additional Amounts, if any) on this Security at the times, places and rate, and in the coin or currency, herein prescribed.

Appears in 1 contract

Samples: Dow Chemical Co /De/

Modifications and Waivers; Obligation of the Company Absolute. 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 holders of the Securities of each series to be affected under the Indenture at any time by the Company Company, the Parent Guarantor and the Trustee with the consent of the Holders holders of at least a majority in principal amount of the Securities at the time Outstanding of each series to be affected. The Indenture also contains provisions permitting the Holders holders of specified percentages in principal amount of the Securities of each series at the time Outstanding, on behalf of the Holders holders of all Securities of such series, to waive compliance by the Company 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 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. No reference herein to the Indenture and no provision of this Security Note or of the Indenture shall alter or impair the obligation of the Company, which is absolute and unconditional, to pay the principal of of, premium, if any, and interest on this Security Note at the timestime, places place, and raterate or formula, and in the coin or currency, herein prescribedand in the Indenture prescribed unless otherwise agreed between the Company and the registered holder of this Note.

Appears in 1 contract

Samples: Amb Property Lp

Time is Money Join Law Insider Premium to draft better contracts faster.