Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 35 contracts

Samples: Base Indenture (HCA Holdings, Inc.), Indenture (Hca Inc/Tn), Indenture (Toys R Us Inc)

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Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 17 contracts

Samples: Indenture (Catalent, Inc.), Indenture (Healthcare Royalty, Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 15 contracts

Samples: Indenture (OUTFRONT Media Inc.), Indenture (Uniti Group Inc.), Indenture (Uniti Group Inc.)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if such Holder's Security or portion of such Security by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement, supplement or waiver. If a record date is fixed, then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 14 contracts

Samples: Indenture (Global Telesystems Europe B V), Indenture (Global Telesystems Group Inc), Indenture (Hermes Europe Railtel B V)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such that amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 120 90 days after such that record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for that amendment or waiver to be effective shall have also been obtainedgiven and not revoked within that 90-day period.

Appears in 14 contracts

Samples: Indenture (Oceaneering International Inc), Syntroleum Corp, McDermott International Inc

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if Security or portion of a Security. For such revocation to be effective, the Trustee receives written must receive the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those 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 continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless consent from the consent Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective also shall have been obtainedgiven and not revoked within such 90-day period.

Appears in 13 contracts

Samples: Indenture (Chesapeake Operating Inc), Indenture (Chesapeake BNR Corp.), Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if Security or portion of a Security. For such revocation to be effective, the Trustee receives written must receive the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendmentamendment or waiver. If the Company elects to fix a record date for such purpose, supplementthe record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05, or waiver(ii) such other date as the Company shall designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those 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 continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless consent from the consent Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective also shall have been obtainedgiven and not revoked within such 90-day period.

Appears in 13 contracts

Samples: Indenture (Chesapeake Energy Corp), Indenture (Chesapeake Orc LLC), Indenture (Chesapeake Eno Acquisition Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any Holder of a Note. An amendment or waiver that requires becomes effective once the consent requisite number of each affected Holder shall not become effective with respect to any non-consenting Holderconsents is received by the Issuer or the Trustee. The Issuer may, but shall not be obligated to, fix a record date for determining which Holders of the purpose of determining the Holders entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to Notes must consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such waiver. If the Issuer fixes a record date. No , the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent shall be valid or effective for more than 120 days after such record the date unless the consent of the requisite number most recent list of Holders has been obtainedof Notes furnished to the Trustee prior to such solicitation pursuant to Section 2.5 or (ii) such other date as the Issuer shall designate.

Appears in 9 contracts

Samples: Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA), Indenture (Fresenius Medical Care AG & Co. KGaA)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 9 contracts

Samples: Indenture (Nesco Holdings, Inc.), Indenture (Avantor, Inc.), Indenture (Patheon Holdings Cooperatief U.A.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 8 contracts

Samples: Indenture (MultiPlan Corp), Indenture (LPL Financial Holdings Inc.), Indenture (LPL Financial Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement, 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 Notes at such record date (or their duly designated proxies), ) and only such Persons, those Persons shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 8 contracts

Samples: Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc), Pledge Agreement (Pg&e National Energy Group Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 8 contracts

Samples: Indenture (Meredith Corp), Indenture (Time Inc.), Junior Priority Intercreditor Agreement (FTAI Infrastructure LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 7 contracts

Samples: Second Lien Intercreditor Agreement (Entercom Communications Corp), Credit Agreement (Beasley Broadcast Group Inc), CBS Corp

Revocation and Effect of Consents. Until A consent to an amendment, supplement amendment (which includes a supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before at any time prior to (but not after) the date the waiverTrustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or amendment becomes effectivewaiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, amendment or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has the Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Indenture (Southern Natural Gas Co), Indenture (Transcontinental Gas Pipe Line Corp), Indenture (Southern Natural Gas Co)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a Holder of a Note is a continuing consent by Security shall bind the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver permitted by this Indenture. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at of Securities of that series outstanding on such record date (or their duly designated proxies)date, and only such Personsno other Holders, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders remain Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities of that series required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Circus Finance Ii, Circus Finance Ii, Circus Circus Enterprises Inc

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his Security or portion of a Security if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer's Certificate certifying that any the Holders of the requisite principal amount of Securities have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 6 contracts

Samples: Indenture (Excel Legacy Corp), Pledge Agreement (Excel Legacy Corp), Agreement (Excel Legacy Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An From and after the date an amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds terms, it shall bind every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 6 contracts

Samples: Indenture (Treasure Chest Casino LLC), Supplemental Indenture (Boyd Gaming Corp), Indenture (Boyd Gaming Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderNotes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only such 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 Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Notes has been obtained.

Appears in 6 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer’s Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those 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 continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv), Indenture (Cemex Sab De Cv)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note Security or portion of a Security if the Trustee receives written notice of revocation before at any time prior to (but not after) the date the waiver, supplement or amendment becomes effective. An Trustee receives an Officer’s Certificate certifying that the Holders of the requisite aggregate principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer 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, supplement or waiverwaiver or to take any other action with respect to the Securities under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number aggregate principal amount of Holders has the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Joinder Agreement (Nabors Industries LTD), Indenture (Nabors Industries LTD), Indenture (Nabors Industries LTD)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officers’ Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 5 contracts

Samples: Indenture (FTAI Aviation Ltd.), Supplemental Indenture (Fortress Transportation & Infrastructure Investors LLC), Supplemental Indenture (FTAI Aviation Ltd.)

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(b). The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Holder and every subsequent Holder.

Appears in 5 contracts

Samples: Execution (Mariner Health Care Inc), Indenture (Genesis Health Ventures Inc /Pa), Genesis Health (Genesis Health Ventures Inc /Pa)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Note Debenture is a continuing consent by the Holder of a Note and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its Note his Debenture or portion of a Debenture. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderon receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement, or waiverindenture supplemental hereto. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only such Personspersons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously givensupplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 120 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date unless the date, any such consent previously given shall automatically and without further action by any Holder be canceled and of the requisite number of Holders has been obtainedno further effect.

Appears in 4 contracts

Samples: Indenture (Intervest Bancshares Corp), Article Eight (Intervest Corporation of New York), Article Eight (Intervest Corporation of New York)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 4 contracts

Samples: Indenture (Match Group, Inc.), Indenture (Match Group, Inc.), Indenture (Iac/Interactivecorp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee or an Agent receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder of a Note shall not become effective with respect to any non-consenting HolderHolder pursuant to the penultimate paragraph in Section 9.02 hereof. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 4 contracts

Samples: Indenture (PBF Energy Inc.), Indenture (PBF Holding Co LLC), Indenture (PBF Energy Co LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An Once an amendment, supplement or waiver becomes effective in accordance with its terms and the terms hereof, it thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting subsequent Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 4 contracts

Samples: Indenture (DJO Finance LLC), Indenture (ReAble Therapeutics Finance LLC), Indenture (DJO Finance LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons Persons, who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 3 contracts

Samples: American Achievement Corp, Amscan Holdings Inc, Stanadyne Corp

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture, Indenture (Norbord Inc.), Indenture (Norbord Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its such Holder's Note if or portion of such Note by notice to the Trustee or the Issuers received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiveramendment, supplement or amendment becomes effectivewaiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent principal amount of each affected Holder shall not become effective with respect to any non-consenting Holderoutstanding Notes. The Issuer Issuers may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiver, which Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only such 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 dateRecord Date. No such consent shall be valid or effective for more than 120 90 days after such record date Record Date unless the consent consents from Holders of the requisite number percentage in principal amount of Holders has outstanding Notes required hereunder for the effectiveness of such consents shall have also been obtainedgiven and not revoked within such 90 day period.

Appears in 3 contracts

Samples: Supplemental Indenture (Canadian Abraxas Petroleum LTD), Abraxas Petroleum Corp, Canadian Abraxas Petroleum LTD

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(b). The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (Mariner Post Acute Network Inc), Indenture (Mariner Post Acute Network Inc), Superior Telecommunications Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Indenture (Hilton Grand Vacations Inc.), Intercreditor Agreement (Hilton Grand Vacations Inc.), Indenture (Hilton Worldwide Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Series A Note is a continuing consent by the Holder of a Series A Note and every subsequent Holder of a Series A Note or portion of a Series A Note that evidences the same debt as the consenting Holder’s Series A Note, even if notation of the consent is not made on any Series A Note. However, any such Holder of a Series A Note or subsequent Holder of a Series A Note may revoke the consent as to its Series A Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderSeries A Notes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Series A Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Series A Notes at such record date (or their duly designated proxies), and only such 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 Series A Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Series A Notes has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until A consent to an amendment, supplement amendment (which includes a supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his or her Note or portion of a Note if the Trustee receives written notice of revocation before at any time prior to (but not after) the date the waiverTrustee 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 amendment becomes effectivewaiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, amendment or waiverwaiver or to take any other action under the Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has the Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Supplemental Indenture (Northwest Pipeline Corp), Indenture (Williams Companies Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Series B Note is a continuing consent by the Holder of a Series B Note and every subsequent Holder of a Series B Note or portion of a Series B Note that evidences the same debt as the consenting Holder’s Series B Note, even if notation of the consent is not made on any Series B Note. However, any such Holder of a Series B Note or subsequent Holder of a Series B Note may revoke the consent as to its Series B Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderSeries B Notes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Series B Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of Series B Notes at such record date (or their duly designated proxies), and only such 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 Series B Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of Series B Notes has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officers’ Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Delta Air Lines Inc /De/), Delta Air Lines Inc /De/

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(b). The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Holder and every subsequent Holder.

Appears in 2 contracts

Samples: Indenture (Essex Group Inc), Indenture (Superior Telecommunications Inc)

Revocation and Effect of Consents. Until an amendment, supplement supplemental indenture or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the such consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, prior to becoming effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note Notes or a portion thereof if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall Holders of the requisite aggregate principal amount of Notes then outstanding has been obtained and not become effective with respect to any non-consenting Holderrevoked. The Issuer 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 provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those 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 continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Purchase Agreement (Kapson Senior Quarters Corp), Hybridon Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Toys R Us Inc), Indenture (Toys R Us Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a 2017 B Note is a continuing consent by the Holder of a 2017 B Note and every subsequent Holder of a 2017 B Note or portion of a 2017 B Note that evidences the same debt as the consenting Holder’s 2017 B Note, even if notation of the consent is not made on any 2017 B Note. However, any such Holder of a 2017 B Note or subsequent Holder of a 2017 B Note may revoke the consent as to its 2017 B Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (CC Media Holdings Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective, subject to the Applicable Procedures of DTC. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Summit Materials, LLC), Indenture (Summit Materials, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a 2017 A Note is a continuing consent by the Holder of a 2017 A Note and every subsequent Holder of a 2017 A Note or portion of a 2017 A Note that evidences the same debt as the consenting Holder’s 2017 A Note, even if notation of the consent is not made on any 2017 A Note. However, any such Holder of a 2017 A Note or subsequent Holder of a 2017 A Note may revoke the consent as to its 2017 A Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 2 contracts

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.), Indenture (Clear Channel Communications Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons Persons, who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 2 contracts

Samples: Indenture (Bell Powersports, Inc.), Indenture (AGY Holding Corp.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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, supplement or waiver, which record date shall be prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 180 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of the requisite number of Holders has been obtainedsuch Holder.

Appears in 2 contracts

Samples: Indenture (Seitel Inc), Indenture (Matrix Geophysical, Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its such Holder's Note if or portion of such Note by notice to the Trustee or the Issuers received before the date on which the Trustee receives written notice an Officer's Certificate certifying that the Holders of revocation before the date requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiveramendment, supplement or amendment becomes effectivewaiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officer's Certificate and evidence of consent by the Holders of the requisite percentage in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent principal amount of each affected Holder shall not become effective with respect to any non-consenting Holderoutstanding Notes. The Issuer Issuers may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiver. If a record date Record Date is fixed, then, then notwithstanding the second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only such 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 dateRecord Date. No such consent shall be valid or effective for more than 120 90 days after such record date Record Date unless the consent consents from Holders of the requisite number percentage in principal amount of Holders has outstanding Notes required hereunder for the effectiveness of such consents shall have also been obtainedgiven and not revoked within such 90 day period.

Appears in 1 contract

Samples: Universal Compression Inc

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained.. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Noteholder, unless

Appears in 1 contract

Samples: Supplemental Indenture (Muzak Finance Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent Holder of each affected Holder shall not become effective with respect to any non-consenting HolderNotes. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of the Notes entitled to consent to any amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders of the Notes at such record date (or their duly designated proxies), and only such 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 the Notes after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders of the Notes has been obtained.

Appears in 1 contract

Samples: Indenture (Clear Channel Outdoor Holdings, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any . An amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderupon receipt by the Trustee of the requisite number of written consents under Section 10.01 or 10.02 as applicable. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated desig nated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Metromedia Fiber Network Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuer certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were 117 Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 1 contract

Samples: Halyard Health, Inc.

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officer's Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Vishay Intertechnology Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his/her Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement, supplement or waiver. If a record date Record Date is fixed, then, then notwithstanding the provisions of the second sentence of the preceding paragraph, those Persons Holders of Notes who were Holders at on such record date Record Date (or their duly designated proxies), and only such Personsthose Holders, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue Holder of Notes continues to be Holders a Holder of Notes after such record dateRecord Date. No such consent shall be valid or effective for more than 120 90 days after such record date unless Record Date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder of Notes; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of and interest on the Notes, on or after the respective due dates expressed in such Notes, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of the requisite number such Holder of Holders has been obtainedNotes.

Appears in 1 contract

Samples: Bissell Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Company certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number principal amount of Holders Notes has been obtained.

Appears in 1 contract

Samples: Service Properties Trust

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the Holder of a Senior Note and every subsequent Holder of a Senior Note or portion of a Senior Note that evidences the same debt as the consenting Holder’s Senior Note, even if notation of the consent is not made on any Senior Note. However, any such Holder of a Senior Note or subsequent Holder of a Senior Note may revoke the consent as to its Senior Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An Except as provided in the last paragraph of Section 9.02 hereof, an amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Texas Competitive Electric Holdings CO LLC

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (6) of Section 8.02. In that case, the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Hilltop Holdings Inc.

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee Administrative Agent receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtainedobtained prior to the expiration of such consent. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in Section 8.02(a)(1) through (11) without the consent of the requisite number of Holders. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Trilogy International Partners Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA (S) 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Schlumberger LTD /Nv/

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a the Note and every subsequent Holder of a that Note or portion of a the Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent or waiver is not made on any the Note. However, any such Holder of a the Note or subsequent Holder of a the Note may revoke the consent or waiver as to its Note or portion of its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An When an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any be taken to such amendment, supplement, supplement or waiverwaiver pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Playtika Holding Corp.)

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Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefore or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment; supplement, supplement waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. An amendment, supplement, waiver or other action becomes effective in accordance with its terms and thereafter shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02(b). In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Ipsco Inc)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by shall bind the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his Note if or portion of a Note. For such revocation to be effective, the Trustee receives written must receive the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The 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, amendment or waiver. If the Issuer elects to fix a record date for such purpose, the record date shall be fixed at such date as the Issuer may designate. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those 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 continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless consent from the consent Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective also shall have been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Supplemental Indenture (Esterline Technologies Corp)

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(b). 75 The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Noteholder.

Appears in 1 contract

Samples: Unison Healthcare Corp

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note or portion of a Note if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment . After an amendment, supplement or waiver becomes effective with respect to the Notes, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires requires, pursuant to Section 9.02, the consent of each affected Holder shall not become effective with respect to any non-consenting Holderaffected. The Issuer mayIn that case, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplementsupplement or waiver shall bind each Holder of a Note who has consented to it and, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to provided that notice of such amendment, supplement, supplement or waiver is reflected on a Note that evidences the same debt as the consenting Holder’s Note, every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note. Nothing in this Section 9.04 shall impair the Company’s rights pursuant Section 9.01 to revoke any consent previously given, whether amend this Indenture or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the Notes without the consent of any Noteholder in the requisite number of Holders has been obtainedmanner set forth in, and permitted by, such Section 9.01.

Appears in 1 contract

Samples: Millipore Corp /Ma

Revocation and Effect of Consents. Until A consent to an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by shall bind the Holder of a Note and every subsequent Holder of a that Note or portion of a the Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent or waiver is not made on any the Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent or waiver as to its Note or portion thereof if the Trustee receives written the notice of revocation before the date the waiver, supplement amendment or amendment waiver becomes effective. An amendment, supplement After an amendment or waiver becomes effective in accordance with its terms and thereafter binds it shall bind every Holder; provided that any . An amendment or waiver that requires becomes effective upon the consent execution of each affected Holder shall not become effective with respect to any non-consenting Holdersuch amendment or waiver by the Trustee. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Superior Energy Services Inc

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02(b). In that case the amendment, supplement, waiver or other action shall bind each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (M I Homes Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Alta Equipment Group Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and of every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An Once an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it thereafter binds every Holder; provided that Holder (including any amendment or waiver that requires the consent beneficial Holder of each affected Holder shall not become effective with respect to any non-consenting Holdera Note). The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: CIFC Corp.

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before a date and time therefor identified by the Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: North American Pipe Corp

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s Xxxxxx's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his Note or portion of a Note prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective effective. Notwithstanding the above, nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA § 316(b). The Issuer 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, supplement or waiver. If a record date is fixed, then, then notwithstanding the second and third sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 Such consent shall be valid or effective only for more than 120 actions taken within 90 days after such record date date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless the consent it makes a change described in any of clauses (a) through (k) of the requisite number second paragraph of Holders Section 9.02 hereof; if it makes such a change, the amendment, supplement or waiver shall bind only each Holder of a Note who has been obtainedconsented to it and every subsequent holder of a Note or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: New Cf&i Inc

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. An amendment, supplement, waiver or other action becomes effective in accordance with its terms and thereafter shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02(b). In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Massey Energy Co)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (12) of Section 8.2 hereof. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: Indenture (Seneca Erie Gaming Corp)

Revocation and Effect of Consents. Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Security of any series is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its Note Security or portion of a Security, if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder The Company shall not become effective with respect to any non-consenting Holder. The 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, supplement or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), ) and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless the consent from Holders of the requisite number principal amount of Holders has Securities of any series then outstanding required hereunder for such amendment, supplement or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (Santa Anita Realty Enterprises Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a that Note or portion of a that Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its such Holder's Note if or portion of such Note by notice to the Trustee or the Company received before the date on which the Trustee receives written notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement, supplement or waiver. If a record date is fixed, then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Notes at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Pasta Group L L C

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his Note or portion of a Note. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holdereffective. The Issuer 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, supplementsupplement or waiver, which record date shall be at least thirty (30) days prior to the first date of solicitation of such consent, or waiverif later, the date of the most recent list of the Holders of the Notes furnished to the Trustee. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose Persons (or their duly designated proxies), shall be entitled to consent to such amendment, supplement, 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 120 ninety (90) days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Indenture (Krug International Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (Norbord Inc.)

Revocation and Effect of Consents. Until an amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note is a continuing consent by the Holder of a Note Noteholder and every subsequent Holder Noteholder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Noteholder's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note Noteholder or subsequent Holder of a Note Noteholder may revoke the consent as to its such Noteholder's Note or portion of a Note if the Trustee receives the written notice of revocation at least one business day before the date on which the waiver, supplement or amendment becomes effective. An Trustee receives an Officers' Certificate certifying that the Noteholders of the requisite principal amount of Notes have consented to the amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to consent to any amendment, supplement, supplement or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders Noteholders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders Noteholders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent consents from Noteholders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Charming Shoppes Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, However any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent to any amendment, supplement, supplement or waiverwaiver or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: National Equipment Services Inc

Revocation and Effect of Consents. (a) Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Xxxxxx's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. (b) The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraphsubsection, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Harperprints Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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, supplement or waiver. If a record date is fixed, then, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement, 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 120 90 days after such record date unless except to the consent of extent that the requisite number of Holders consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in the next paragraph of this Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has been obtainedconsented to it and every subsequent Holder of a Note or portion of a Note that evidences the same indebtedness as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Foresight Energy LP)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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, supplement or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Intercreditor Agreement

Revocation and Effect of Consents. Until an amendment, supplement amendment is set forth in a supplemental indenture or a waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note or portion of a Note if the Trustee receives written the notice of revocation before the date of the waiver, supplement supplemental indenture or amendment the date the waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any Any amendment or waiver once effective shall bind every Noteholder affected by such amendment or waiver unless it is of the type described in any of clauses (a) through (h) of Section 9.3. In that requires case, the consent amendment or waiver shall bind each Holder of each affected a Note who has consented to it and every subsequent Holder shall not become effective with respect to any non-of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Security. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate. Section 9.5.

Appears in 1 contract

Samples: Allegiant Travel CO

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An From and after the date an amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds terms, it shall bind every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Electroglas Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effectiveeffective and the date on which the Trustee receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Issuers 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: CONDUENT Inc

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee Administrative Agent receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtainedobtained prior to the expiration of such consent. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in Section 8.02(a)(1) through (10) without the consent of the requisite number of Holders. In that case the amendment, supplement, waiver or other action shall bind each Holder who has consented to it and every subsequent Holder or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: Note Purchase Agreement (Trilogy International Partners Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Notes in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement, 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 Notes at such record date (or their duly designated proxies), ) and only such Persons, those Persons shall be entitled to consent to such amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of such Notes after such record date. No such consent shall be valid or effective for more than 120 90 days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Amf Bowling Worldwide Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Note Debenture is a continuing consent by the Holder of a Note and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its Note his Debenture or portion of a Debenture. Such revocation shall be effective only if the Trustee receives written the notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderon receipt by the Trustee of written consents from the Holders of the requisite percentage in principal amount of the outstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement, or waiverindenture supplemental hereto. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only such Personspersons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously givensupplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 120 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date unless the date, any such consent previously given shall automatically and without further action by any Holder be cancelled and of the requisite number of Holders has been obtainedno further effect.

Appears in 1 contract

Samples: Indenture (Intervest Corporation of New York)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires . As long as the consent of each affected Holder shall Initial Purchasers do not become effective with respect to any non-consenting Holder. The Issuer constitute the Required Holders, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Note Purchase Agreement (Moneygram International Inc)

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (9) of Section 8.02. In that case the amendment, supplement, waiver or other action shall bind each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: William Lyon Homes

Revocation and Effect of Consents. Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Note or portion of a Note, if the Trustee receives the written notice of revocation before the date the waiveramendment, supplement supplement, waiver or amendment other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (6) of Section 8.02(b). In that case the amendment, supplement, waiver or other action shall bind each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 1 contract

Samples: Limited Brands Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder of a Note Note, and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date on which the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective upon execution by the Trustee and the other parties thereto in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. 121 The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 one hundred-twenty (120) days after such record date unless the consent of the requisite number of Holders has been obtaineddate.

Appears in 1 contract

Samples: Security and Pledge Agreement (Intl Fcstone Inc.)

Revocation and Effect of Consents. Until an a modification, amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the conclusive and binding upon such Holder of a Note and every subsequent Holder of a the same Senior Note or portion thereof, and of a any Senior Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Senior Note. However, any Any such Holder of a Note or subsequent Holder of a Note Holder, however, may revoke the consent as to its his Senior Note or portion of a Senior Note, if the Trustee receives written the notice of revocation before the date the waivermodification, supplement amendment, supplement, waiver or amendment other action becomes effective. An amendmentNotwithstanding the foregoing, supplement or waiver becomes effective nothing in accordance with its terms and thereafter binds every Holder; provided that this paragraph shall impair the right of any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderunder TIA Section 316(b). The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, amendment, supplement, or waiver. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, 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 120 90 days after such record date unless the consent of the requisite number of Holders has been obtained. After a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Holder and every subsequent Holder.

Appears in 1 contract

Samples: Indenture (Franks Nursery & Crafts Inc)

Revocation and Effect of Consents. Until an amendment, supplement amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its his or her Note or portion of a Note if the Trustee receives written the notice of revocation before the date on which the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided Trustee receives an Officers' Certificate certifying that any the Holders of the requisite principal amount of Notes have consented to the amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holderwaiver. The Issuer 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, amendment or waiver. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only such Personsthose 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 120 90 days after such record date unless the consent consents from Holders of the requisite number principal amount of Holders has Notes required hereunder for such amendment or waiver to be effective shall have also been obtainedgiven and not revoked within such 90-day period.

Appears in 1 contract

Samples: Delta Air Lines Inc /De/

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; , provided that any amendment amendment, supplement or waiver that requires the consent of each affected Holder of a Note shall not become effective with respect to any non-consenting Holder. The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement, or waiver. If a record date Record Date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only such 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 dateRecord Date. No such consent shall be valid or effective for more than 120 days after such record date Record Date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Indenture (First Data Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note his or her Security or portion of a Security if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement, supplement or waiverwaiver or to take any other action under this Indenture. If a record date is fixed, then, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such that amendment, supplement, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No such consent shall be valid or effective for more than 120 90 days after such that record date unless the consent consents from Holders of the requisite number principal amount of Holders has Securities required hereunder for that amendment or waiver to be effective shall have also been obtainedgiven and not revoked within that 90-day period.

Appears in 1 contract

Samples: Indenture (Egl Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiveramendment, supplement or amendment waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer 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, supplement or waiver; provided that such record date shall not be more than 15 days prior to the date of determination of such record date. During the continuance of an Event of Default, the Trustee 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; provided that such record date shall not be more than 15 days prior to the date of determination of such record date. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether 124 or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Supplemental Indenture (American Airlines Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An When an amendment, supplement or waiver becomes effective in accordance with its terms and terms, it thereafter binds every Holder; provided that any amendment or waiver that requires the consent of each affected Holder shall not become effective with respect to any non-consenting Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement, or waiverbe taken pursuant to this Indenture. If a record date is fixed, then, then notwithstanding the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to give such consent to such amendment, supplement, or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 120 days after such record date unless the consent of the requisite number of Holders has been obtained.

Appears in 1 contract

Samples: Laralev Inc

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