Common use of Notwithstanding Section 10 Clause in Contracts

Notwithstanding Section 10. 02(a), without the consent of each Holder affected, no amendment or waiver may: (1) change the Stated Maturity of the principal of, or any installment of interest (or Additional Amounts, if any) on, any Note; (2) reduce the principal amount of, or premium, if any, or interest on, any Note or make the Notes payable in money other than that stated in the Note; (3) change the place of payment of principal of, or premium, if any, or interest on, any Note; (4) impair the right to institute suit for the enforcement of any payment on or after the Stated Maturity (or, in the case of a redemption, on or after the Redemption Date) of any Note; (5) reduce the above-stated percentages of outstanding Notes the consent of whose Holders is necessary to modify or amend this Indenture; (6) waive a default in the payment of principal of, premium, if any, or interest (or Additional Amounts, if any) on the Notes (except a rescission of the declaration of acceleration of the Notes by the Holders of at least a majority in aggregate principal amount of the Notes then outstanding and a waiver of the payment default that resulted from such acceleration, so long as all other existing Events of Default, other than the nonpayment of the principal of, premium, if any, and interest (or Additional Amounts, if any) on the Notes that have become due solely by such declaration of acceleration, have been cured or waived); (7) voluntarily release a Guarantor of the Notes, except as permitted by this Indenture; (8) reduce the percentage or aggregate principal amount of outstanding Notes the consent of whose Holders is necessary for waiver of compliance with Sections 7.02 and 7.04; or (9) modify or change any provisions of this Indenture affecting the ranking of the Notes as to right of payment or the Guarantees thereof in any manner adverse to the Holders.

Appears in 2 contracts

Sources: Eighteenth Supplemental Indenture (MPT Operating Partnership, L.P.), Fifteenth Supplemental Indenture (MPT Operating Partnership, L.P.)