Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its Note or portion of its Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 3 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern De Mexico, S.A. De C.V.), Indenture (Kansas City Southern De Mexico, S.A. De C.V.)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its Note or portion of its Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the any such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Certificated Notes entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders of Certificated Notes at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders of such Certificated Notes after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (ia) through (viih) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (ia) through (viih) of Section 10.02(b) hereof, 9.02. the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the such consenting Holder.
Appears in 3 contracts
Samples: Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Cyberstar Inc), Loral Cyberstar (Loral Space & Communications LTD)
Revocation and Effect of Consent. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder is a continuing consent by the such Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to its such Holder’s Note or portion of its Holder’s Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal Accreted Value amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two second and third sentences of the immediately preceding this paragraph, those persons Persons who were Holders at such record date (or their duly designated proxies) and only those persons Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i1) through (vii12) of Section 10.02(b) hereof11.02. In case of an amendment or waiver of the type described in clauses (i1) through (vii12) of Section 10.02(b) hereof11.02, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 3 contracts
Samples: Indenture (Nii Holdings Cayman LTD), Indenture (Nii Holdings Inc), Indenture (Nii Holdings Cayman LTD)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Convertible Security or portion of a Note Convertible Security that evidences the same debt as the Note Convertible Security of the consenting Holder, even if notation of the consent is not made on any NoteConvertible Security. However, any such Holder or subsequent Holder may revoke the consent as to its Note Convertible Security or portion of its NoteConvertible Security. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Convertible Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesConvertible Securities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Convertible Securities of any series affected entitled to consent to any amendment, supplement supplement, waiver or waiverother action to be taken by Holders hereunder. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement supplement, waiver or waiver other action or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 2 contracts
Samples: Default and Remedies (Credit Suisse Group (Guernsey) III LTD), Credit Suisse Group (Guernsey) III LTD
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note such Security or portion of a Note such Security that evidences the same debt Debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesSecurities of the applicable series. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were Holders of the applicable series at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder of the applicable series unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b11.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b11.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note Security of the applicable series that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 2 contracts
Samples: Indenture (Kansas City Southern), Indenture (Kansas City Southern)
Revocation and Effect of Consent. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In 9.02, in which case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereofamendment, the amendment supplement or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 2 contracts
Samples: Indenture (Calpine Corp), Indenture (First American Financial Corp)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the consenting Holder, even if notation of the consent is not made on any Note. However, subject to the last paragraph of this Section 9.03, any such Holder or subsequent Holder may revoke the consent as to its Note or portion of its Note. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effectivewaiver. An amendment, supplement or waiver shall become becomes effective on receipt by the Trustee of written consents from the Holders later of the requisite percentage date of receipt of such certificate and the date specified in principal amount of the outstanding Notessuch amendment, supplement or waiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 2 contracts
Samples: Indenture (Carrier1 International S A), Carrier1 International S A
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities theretofore or thereafter authenticated and delivered hereunder unless it is of the type described in any of clauses (i9.02(i) through (vii9.02(iv) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (i9.02(i) through (vii9.02(iv) of Section 10.02(b) hereof9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 2 contracts
Samples: Indenture (Sothebys Holdings Inc), Sothebys Holdings Inc
Revocation and Effect of Consent. Until an amendment -------------------------------- or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the Note Debenture of the consenting Holder, even if notation of the consent is not made on any NoteDebenture. However, any such Holder or subsequent Holder may revoke the consent as to its Note Debenture or portion of its NoteDebenture. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesDebentures. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 1 contract
Samples: Silgan Holdings Inc
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the Note Debenture of the consenting Holder, even if notation of the consent is not made on any NoteDebenture. However, any such Holder or subsequent Holder may revoke the consent as to its Note Debenture or portion of its NoteDebenture. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesDebentures. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 1 contract
Samples: Viatel Inc
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the Note Debenture of the consenting Holder, even if notation of the consent is not made on any NoteDebenture. However, any such Holder or subsequent Holder may revoke the consent as to its Note Debenture or portion of its NoteDebenture. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesDebentures. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holder.
Appears in 1 contract
Samples: Indenture (Regal Cinemas Inc)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (ia) through (viig) of Section 10.02(b) hereof11.02. In case of an amendment or waiver of the type described in clauses (ia) through (viig) of Section 10.02(b) hereof11.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Ak Steel Corp
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesSecurities. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (viiix) of Section 10.02(b) hereof12.02. In case of an amendment or waiver of the type described in clauses (i) through (viiix) of Section 10.02(b) hereof12.02, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder. 119 128 SECTION 12.04.
Appears in 1 contract
Samples: Teekay Shipping Corp
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (iSection 9.02(a) through (vii) of Section 10.02(b) hereof9.02(g). In case of an amendment or waiver of the type described in clauses (iSection 9.02(a) through (vii) of Section 10.02(b) hereof9.02(g), the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities theretofore or thereafter authenticated and delivered hereunder unless it is of the type described in any of clauses (i) through (viiiv) of Section 10.02(b) hereof9.2. In case of an amendment or waiver of the type described in clauses (i) through (viiiv) of Section 10.02(b) hereof9.2, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Indenture (La Quinta Properties Inc)
Revocation and Effect of Consent. Until an amendment amendment, supplemental indenture or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the Note of the such consenting Holder's Note, even if notation of the consent is not made on any Note. However, prior to becoming effective, any such Holder or subsequent Holder may revoke the consent as to its Note Notes or a portion of its Note. Such revocation shall be effective only thereof if the Trustee receives the written notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee consent of written consents from the Holders of the requisite percentage in aggregate principal amount of the Notes then outstanding Noteshas been obtained and not revoked. The Company may, but shall not be obligated to, fix a record date pursuant to Section 12.1 for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If a record date is fixed, then, then notwithstanding the last two sentences provisions of the immediately preceding paragraph, those persons Persons who were Holders at such record date (or their duly designated proxies) ), and only those persons Persons, shall be entitled to consent to such amendment, supplement amendment or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder date unless it is consents from Holders of the type described in any principal amount of clauses (i) through (vii) of Section 10.02(b) hereof. In case of an Notes required hereunder for such amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereof, the amendment or waiver to be effective shall bind each Holder who has consented to it have also been given and every subsequent Holder of a Note that evidences the same indebtedness as the Note of the consenting Holdernot revoked within such 90-day period.
Appears in 1 contract
Samples: Heico Corp
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (ia) through (viid) of Section 10.02(b) hereofSection 9.02. In case of an amendment or waiver of the type described in clauses (ia) through (viid) of Section 10.02(b) hereofSection 9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (iclauses(a) through (viid) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (ia) through (viid) of Section 10.02(b) hereof9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Credit Suisse Group
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (ia) through (viid) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (ia) through (viid) of Section 10.02(b) hereof9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
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Samples: Credit Suisse Group
Revocation and Effect of Consent. Until A consent to an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder is of a continuing consent by Security of any series shall bind the Holder and every subsequent Holder of a Note such Security or portion of a Note such Security that evidences the same debt as the Note of the consenting Holder's Security, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to its Note such Holder's Security or portion of its Notea Security. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver; any such record date shall be no more than 30 days preceding the date of its determination by the Issuer. If a record date is fixed, then, then notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were Holders at such record date (or their duly designated proxies) ), and only those persons Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to a Security of any series, it shall bind every Holder unless it is of the type makes a change described in any of clauses (ia) through (viic) of Section 10.02(b) hereof9.2 or in Section 5.8. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b) hereofthat case, the amendment amendment, supplement or waiver shall bind each Holder of such Security who has consented to it and every subsequent Holder of a Note such Security or portion of such Security that evidences the same indebtedness debt as the Note of the consenting Holder's Security.
Appears in 1 contract
Samples: Indenture (Kimco Realty Corp)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note such Security or portion of a Note such Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding NotesSecurities. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons who were Holders at such record date (or their duly designated proxies) and only those persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it is of the type described in any of clauses (i) through (vii) of Section 10.02(b11.02(b) hereof. In case of an amendment or waiver of the type described in clauses (i) through (vii) of Section 10.02(b11.02(b) hereof, the amendment or waiver shall bind each Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Indenture (KCS Holdings I, Inc.)
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not 41 such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (ia) through (viid) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (ia) through (viid) of Section 10.02(b) hereof9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Credit Suisse First Boston Usa Inc
Revocation and Effect of Consent. Until an amendment or waiver becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the Note Security of the consenting Holder, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to its Note Security or portion of its NoteSecurity. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Securities affected thereby on receipt by the Trustee of written consents from the requisite Holders of the requisite percentage in principal amount of the outstanding NotesSecurities affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than 10 nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Securities of any series affected entitled to consent to any amendment, supplement or waiver. If a record date is fixed, then, notwithstanding the last two sentences of the immediately preceding paragraph, those persons Persons who were such Holders at such record date (or their duly designated proxies) and only those persons Persons shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such persons Persons continue to be such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement or waiver becomes effectiveeffective with respect to the Securities of any series affected thereby, it shall bind every Holder of such Securities unless it is of the type described in any of clauses (iclauses(i) through (viiiv) of Section 10.02(b) hereof9.02. In case of an amendment or waiver of the type described in clauses (i) through (viiiv) of Section 10.02(b) hereof9.02, the amendment or waiver shall bind each such Holder who has consented to it and every subsequent Holder of a Note Security that evidences the same indebtedness as the Note Security of the consenting Holder.
Appears in 1 contract
Samples: Credit Suisse First Boston Usa Inc