Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 be taken pursuant to this Indenture. If a record date if fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at such record date (or their designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment is set forth in a supplemental indenture or a waiver becomes effective, a consent to it by a Holder of a Note the Notes is a continuing consent by the Holder and every subsequent Holder of a Note the Notes or portion of a Note that evidences the same debt as the consenting Holder’s NoteNotes, even if notation of the consent is not made on any NoteNotes. However, any such Holder or subsequent Holder may revoke the consent as to his Note Notes or portion of a Note if the Trustee receives the notice of revocation before the date of the supplemental indenture or the date the waiver becomes effective. Any amendment or waiver once effective shall bind every Holder of the Notes affected by such amendment or waiver unless it is of the type set forth in any of clauses (a) through (h) of Section 9.02. In that case, the amendment or waiver becomes effective. An amendment shall bind each Holder of the Notes who has consented to it and every subsequent Holder of the Notes or waiver becomes effective in accordance with its terms and thereafter binds every Holderportion of a Notes that evidences the same debt as the consenting Holder of the Notes. The 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 be taken pursuant to this Indenture. If a record date if is fixed, then notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given 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.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities of the applicable Series have consented (and not theretofore revoked such consent) to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company, notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (date, and only those Persons ( or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or (up to take any the time such actionconsent becomes non-revocable in accordance with such sentence), whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before a date and time therefor identified by the Company or any Guarantor in a notice to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment amendment, supplement or waiver becomes effective. An amendment amendment, supplement or waiver that becomes effective with respect to a Series of Securities shall thereafter be conclusive and binding on all holders of Securities of such Series in accordance with its terms and thereafter binds every Holderterms. The 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 give their consent to any amendment, supplement or waiver or to take any other action described above or required or permitted to be taken pursuant to under this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or waiver or to take any other action described above or required or permitted to be taken pursuant to under this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such 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.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note Security is a continuing consent by the Holder Noteholder and every subsequent Holder Noteholder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteNoteholder's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent as to his Note such Noteholder's Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Noteholders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or take any other action described above or required or permitted the date of the most recent list of Holders furnished to be taken the Trustee prior to such solicitation pursuant to this IndentureSection 2.05 hereof, or (ii) such other date as the Company shall designate. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities of the applicable Series have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company, notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or (up to take any the time such actionconsent becomes non-revocable in accordance with such sentence), 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 datedate unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder Securityholder of a Note Security is a continuing consent by the Holder Securityholder and every subsequent Holder Securityholder of a Note Security or portion of a Note Security that evidences the same debt as the consenting HolderSecurityholder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder Securityholder or subsequent Holder Securityholder may revoke the consent as to his Note such Securityholder’s Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers’ Certificate certifying that the Securityholders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Securityholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Securityholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment 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 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 or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Securities of such series at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until the earlier of the time that an amendment or waiver becomes effectiveeffective or for a period of 90 days from the date the consent was given, a consent to it an amendment or waiver by a Holder of a 1997 Note is a continuing consent by the Holder and every subsequent Holder of a 1997 Note or portion of a 1997 Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any 1997 Note. However, any Any such Holder or subsequent Holder may may, however, revoke the its consent as to his its 1997 Note or portion of a 1997 Note if the Trustee receives notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of 1997 Notes have consented to the amendment or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or stock exchange rule). The Company Trustee may, but shall not be obligated toupon written direction of the Company, or as otherwise required hereunder or by Applicable Law, fix a record date for the purpose of determining the Holders entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the aggregate principal amount of 1997 Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his such Holder's Note or portion of a such Note if by notice to the Trustee or the Company received by the Trustee or the Company, as the case may be, before the date on which the Trustee receives notice an Officers' Certificate certifying that 110 the Holders of revocation before the date requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders of Notes after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder holder of a Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s holder's Note, even if notation of the consent is not made on any Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the holders of the requisite aggregate principal amount of then outstanding Notes have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from holders of the aggregate principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder holder of a Senior Note is a continuing consent by the Holder holder and every subsequent Holder holder, of a Senior Note or portion of a Senior Note that evidences the same debt as the consenting Holder’s holder's Senior Note, even if notation of the consent is not made on any Senior Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his or her Senior Note or portion of a Senior Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the holders of the requisite principal amount of Senior Notes have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from holders of the principal amount of Senior Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. (a) Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a his Note if by notice to the Trustee or the Issuers received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver. After an amendment, supplement or waiver becomes effective. An amendment , it shall bind every Noteholder, unless it makes a change described in any of clauses (i) through (viii) of Section 9.02(b), in which case, the amendment, supplement or waiver becomes effective in accordance with its terms shall bind only each Holder of a Note who has consented to it and thereafter binds every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder. The Company may’s Note; provided, but however, that any such waiver shall not be obligated toimpair or affect the right of any Holder to receive payment of principal of and interest on a Note, fix a record date on or after the respective due dates therefor, or to bring suit for the purpose enforcement of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date if fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at such record date (or their designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether payment on or not such Persons continue to be Holders after such record date. No respective dates without the consent shall be valid or effective for more than 120 days after of such record dateHolder.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note Security is a continuing consent by the Holder Noteholder and every subsequent Holder Noteholder of a Note Security or portion of a Note Security that evidences the same debt as the consenting HolderNoteholder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent as to his Note such Noteholder’s Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers’ Certificate certifying that the Noteholders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment 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 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 or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Securities of such series at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment 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 and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting HolderXxxxxx’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or waiver permitted to be taken pursuant to by this Indenture. If a record date if is fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at of the Securities outstanding on such record date (or their designated proxies)date, and only those Personsno other Holders, shall be entitled to give consent to such consent amendment, supplement or to waiver or revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders remain Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Xxxxxx's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

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 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 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 or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of a Note Security, if the Trustee receives the notice of revocation before the date the amendment amendment, waiver or waiver other action becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consent from Holders of the principal amount of Securities of any series then outstanding required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder subse- 907, 1001 xxxxx Xxxxxx 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 or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver. After an amendment or waiver becomes effective. An , it shall bind every Holder of each series of Securities affected by such amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt Indebtedness as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Holders of the requisite Principal Amount of Securities of each affected series have consented to the amendment, supplement or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or stock exchange rule). The 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 or take any other action described above or required or waiver permitted to be taken pursuant to by this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent of a Holder of a series of Securities shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the Principal Amount of Securities of such series required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives written notice of revocation before the date on which the amendment Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver. Such amendment, waiver becomes effective. An amendment or waiver becomes supplement, as the case may be, shall be effective in accordance with its terms and thereafter binds every Holderupon receipt by the Trustee of such Officer's Certificate. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last two sentences of the immediately preceding subsectionparagraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall be entitled to receive the consideration, if any, offered for such consent.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder holder of a Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s holder's Note, even if notation of the consent is not made on any Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effectiveeffective (or until such earlier date as specified by the Company in connection with the solicitation of such consent), a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of a Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective (or such earlier date specified by the Company in accordance connection with its terms the solicitation of such consent). After an amendment, supplement or waiver becomes effective with respect to the Securities, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires, pursuant to Section 9.02, the consent of each Holder affected. In that case, the amendment, supplement or waiver shall bind each Holder of a Security who has consented to it and thereafter binds every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder's Security. The Company mayAny amendment to this Indenture or the Securities shall be set forth in a supplemental indenture to this Indenture that complies with the TIA as then in effect, but shall not be obligated to, fix a record date for if the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant TIA is applicable to this Indenture. If a record date if fixed, then notwithstanding Nothing in this Section 9.03 shall impair the immediately preceding subsection, those Persons who were Holders at such record date (Company's rights pursuant to Section 9.01 to amend this Indenture or their designated proxies)the Securities without the consent of any Holder in the manner set forth in, and only those Personspermitted by, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record dateSection 9.01.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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. However, except as provided in the succeeding paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security. Such revocation shall be effective only if the Trustee receives written notice of such revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last two sentences of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke by written notice received by the Trustee any consent previously given or to take any such actiongiven, 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 relevant amendment, supplement or waiver to which such consent relates has become effective, in which event such persons who were Holders at such record date shall no longer be entitled to revoke any consent previously given and such consent shall continue to be valid and effective. Notwithstanding anything to the contrary in this Section 9.04, no consent to any amendment, supplement or waiver delivered by a Holder of a Security in connection with the Offer to Purchase and Consent Solicitation of the Company, dated November 13, 1997, and the Solicitation (as defined therein) may be revoked by such Holder.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s Xxxxxx's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or stock exchange rule). The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt Indebtedness as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Securities entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Securities at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders holders of Securities after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his such Holder's Note or portion of a such Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment 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 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 or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or waiver permitted to be taken pursuant to by this Indenture. If a record date if is fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at of the Securities outstanding on such record date (or their designated proxies)date, and only those Personsno other Holders, shall be entitled to give consent to such consent amendment, supplement or to waiver or revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders remain Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives notice an Officers’ Certificate of revocation before the date Issuer certifying that the amendment Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company Issuer 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the 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 or subsequent Holder may revoke the consent as to his Note or portion of a his Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment (at which time such amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holdershall become effective). The Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders of Notes after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the 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 or subsequent Holder may revoke the consent as to his such Holder's Note or portion of a such Note if by notice to the Trustee or the Company received before the date on which the Trustee receives notice an Officers' Certificate certifying that the Holders of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. requisite The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if Record Date is fixed, then notwithstanding the second sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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 dateRecord Date unless consents from Holders of the requisite percentage in principal amount of outstanding Notes required hereunder for the effectiveness of such consents shall have also been given and not revoked within such 90 day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the 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 or subsequent Holder subse- xxxxx Xxxxxx may revoke the consent as to his such Holder's Note or portion of a such Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effectivewaiver. An amendment 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 Holderprincipal amount of outstanding Notes. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if Record Date is fixed, then notwithstanding the second sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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 dateRecord Date unless consents from Holders of the requisite percentage in principal amount of outstanding Notes required hereunder for the effectiveness of such consents shall have also been given and not revoked within such 90 day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the 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 or subsequent Holder may revoke the consent as to his Note or portion of a his Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment (at which time such amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holdershall become effective). The Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment or waiver becomes effective, it shall bind every Noteholder. SECTION 9.05.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any such Holder or subsequent Holder may revoke the consent as to his Note Debenture or portion of a Note his Debenture by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Debentures have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their designated proxies)date, and only those PersonsPersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (7) of Section 9.2.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effectivewaiver. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company Services 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 to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders of Notes after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Subordinated Debenture Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a his Note if by written notice to the Trustee or the Company received before the date on which the Trustee receives notice an Officer’s Certificate of revocation before the date Company certifying that the amendment Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.effective

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver. After an amendment or waiver becomes effective. An , it shall bind every Holder of each series of Securities affected by such amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent After an amendment or waiver becomes effective it shall be valid bind every Holder, unless it is of the type described in any of clauses (1) through (3) of Section 902(c). In such case, the amendment or effective for more than 120 days after such record datewaiver shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security that evidences the same debt as the consenting Holder's Security.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (10) of Section 9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Security who were Holders at such record date (has consented to it and every subsequent Holder of a Security or their designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record dateportion of a Security that evidences the same debt as the consenting Holder's Security.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder holder of a Note Securities is a continuing consent by the Holder holder and every subsequent Holder holder of a Note Securities or portion of a Note Securities that evidences the same debt as the consenting Holder’s Noteholder's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his Note or her Security or portion of a Note Securities if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Securities entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents extending such period shall have also have been given by holders of the principal amount of Securities required hereunder for such amendment or waiver and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Xxxxxx's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or take any the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or (ii) such other action described above or required or permitted to be taken pursuant to this Indenturedate as the Company shall designate. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 give their consent to any amendment, supplement or waiver or to take any other action described above or required or permitted to be taken pursuant to under this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.record

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revo- cation is received by the Company or such Person before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiv- er. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their designated proxies)date, and only those PersonsPersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effectivewaiver. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company Holdings 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 to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders of Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders of Notes after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or waiver or to take any other action described above or required or permitted to be taken pursuant to under this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 NoteSecurity, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder’s Security or portion of a Note if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until the earlier of the time that an amendment or waiver becomes effective, or for a period of 90 days from the date the consent was given, a consent to it an amendment or waiver by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the The Trustee receives notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated toupon written direction of the Issuers, or as otherwise required hereunder or by judgment, decree, order, statute, rule or governmental regulation, fix a record date for the purpose of determining the Holders entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the aggregate principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment or waiver becomes effective it shall bind every Noteholder, unless it is of the type described in any of clauses (i) through (vii) of Section 9.02(b). In such case, the amendment or waiver shall bind each Holder of a Note who has consented to it.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note is a continuing consent by the Holder 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 Noteholder or subsequent Holder Noteholder may revoke the consent as to his such Noteholder's Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the amendment 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. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Noteholders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a any Note that evidences all or any part of 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 of this Section 904, any such Holder or subsequent Holder ----------- may revoke the consent as to his such Holder's Note by notice to the Trustee or portion of a Note if the Company received by the Trustee or the Company, as the case may be, before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take waiver as set forth in Section 108. ----------- After an amendment, supplement or waiver becomes effective, it shall bind every Holder of Notes, unless it makes a change described in any other action described above of clauses (i) through (viii) of the second paragraph of Section 902. In that case, the ----------- amendment, supplement or required waiver shall bind each Holder of a Note who has consented to it and every subsequent Holder of such Note or permitted to be taken pursuant to this Indenture. If a record date if fixed, then notwithstanding any Note that evidences all or any part of the immediately preceding subsection, those Persons who were Holders at such record date (or their designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record datesame debt as the consenting Holder's Note.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteXxxxxx's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note Security is a continuing consent by the Holder Noteholder and every subsequent Holder Noteholder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteNoteholder's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Noteholders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Noteholders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 give their consent to any amendment, supplement or waiver or to take any other action described above or required or permitted to be taken pursuant to under this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent to that amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.those Persons

Revocation and Effect of Consents. Until an amendment 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 his Note or portion of a its Note if the Trustee or Collateral Agent, as applicable, receives written notice of revocation before the date the waiver, supplement or amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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, or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to give consent to such consent amendment, supplement, or waiver or to revoke any consent previously given or to take any such actiongiven, 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 datedate unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company ESH REIT 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 or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a waiver, which record date if fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at such record date (or their designated proxies), and only those Persons, shall be entitled at least 30 days prior to give the first solicitation of such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record dateconsent. No such consent shall be valid or effective for more than 120 90 days after such record date. ESH REIT 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 (9) 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, however, 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 such Holder.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it such amendment, supplement or waiver by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt Indebtedness as the consenting Holder’s NoteXxxxxx's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives notice of revocation before the date on which the amendment Trustee receives an Officers' Certificate certifying that the Holders of the requisite Principal Amount of Securities of each affected series have consented to the amendment, supplement or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or stock exchange rule). The 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 or take any other action described above or required or waiver permitted to be taken pursuant to by this Indenture. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent of a Holder of a series of Securities shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the Principal Amount of Securities of such series required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, --------------------------------- supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a that Note or portion of a any Note that evidences all or any part of 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 of this Section 904, any such Holder or subsequent Holder ----------- may revoke the consent as to his such Holder's Note by notice to the Trustee or portion of a Note if the Company received by the Trustee or the Company, as the case may be, before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take waiver as set forth in Section 108. ----------- After an amendment, supplement or waiver becomes effective, it shall bind every Holder of Notes, unless it makes a change described in any other action described above of clauses (i) through (viii) of the second paragraph of Section 902. In that case, the ----------- amendment, supplement or required waiver shall bind each Holder of a Note who has consented to it and every subsequent Holder of such Note or permitted to be taken pursuant to this Indenture. If a record date if fixed, then notwithstanding any Note that evidences all or any part of the immediately preceding subsection, those Persons who were Holders at such record date (or their designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record datesame debt as the consenting Holder's Note.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Note is a continuing consent by the Holder 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 Noteholder or subsequent Holder Noteholder may revoke the consent as to his such Noteholder's Note or portion of a Note if the Trustee receives the notice of revocation before the date on which the amendment 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. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Noteholders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their designated proxies)date, and only those PersonsPersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. shall not impair or affect the right of any Holder to receive payment of principal and premium of and interest on a Security, on or after the respective dates set for such amounts to become due and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 Notenote. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of a such Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or securities exchange rule). The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Subject to this Indenture, each amendment, waiver or instrument evidencing other action shall become effective in accordance with its terms. Until an amendment amendment, waiver or waiver other action becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of a Note Security, if the Trustee receives the notice of revocation before the date the amendment amendment. waiver or waiver other action becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), ) and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record date.date unless consent from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment. waiver or other action becomes effective, pursuant to Section 513, Section 901, Section 902 or Section 1007, as the case may be, it shall bind every Holder of Securities. ARTICLE TEN

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. An Any amendment or waiver becomes once effective shall bind every Holder of each Series affected by such amendment or waiver unless it is of the type described in accordance with its terms any of clauses (a) through (g) of Section 9.3. In that case, the amendment or waiver shall bind each Holder of a Security who has consented to it and thereafter binds every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security. The 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 be taken pursuant to this Indenture. If a record date if is fixed, then notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives notice an Officers’ Certificate of revocation before the date Company certifying that the amendment Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effectiveeffective (or until such earlier date as specified by the Company in connection with the solicitation of such consent), a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of a Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective (or such earlier date specified by the Company in accordance connection with its terms the solicitation of such consent). After an amendment, supplement or waiver becomes effective with respect to the Securities, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires, pursuant to Section 9.02, the consent of each Holder affected. In that case, the amendment, supplement or waiver shall bind each Holder of a Security who has consented to it and thereafter binds every Holdersubsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Hxxxxx’s Security. The Company mayAny amendment to this Indenture, but the Securities or the Guarantees shall not be obligated toset forth in a supplemental indenture to this Indenture that complies with the TIA as then in effect, fix a record date for if the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant TIA is applicable to this Indenture. If a record date if fixedNothing in this Section 9.03 shall impair the Company’s and the Guarantors’ rights pursuant to Section 9.01 to amend this Indenture, then notwithstanding the immediately preceding subsection, those Persons who were Holders at such record date (Securities or their designated proxies)the Guarantees without the consent of any Holder in the manner set forth in, and only those Personspermitted by, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days after such record dateSection 9.01.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effectivewaiver. An amendment or waiver becomes effective Notwithstanding the above, nothing in accordance with its terms and thereafter binds every Holderthis paragraph shall impair the right of any Securityholder under Section 316(b) of the TIA. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (10) of Section 9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Debenture is a continuing consent by the Holder of a Debenture and every subsequent Holder of a Note Debenture or portion of a Note 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 such Holder of a Debenture or subsequent Holder of a Debenture may revoke the consent as to his Note or portion of a Note its Debenture if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment or waiver becomes effective. An amendment amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or take any other action described above or required or permitted waiver which record date shall be at least 30 days prior to be taken pursuant to this Indenturethe first solicitation of such consent. If a record date if is fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, Persons shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. The Company shall inform the Trustee in writing of the fixed record date, if applicable.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder 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 or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note if such Security by written notice to the Trustee or the Company received before the date on which the Trustee receives notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount at maturity of Securities have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment, supplement or waiver or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment a modification, amendment, 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 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 89 -81- such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of a Note Note, if the Trustee receives the written notice of revocation before the date the amendment modification, amendment, supplement, waiver or waiver other action becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be he obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent to any modification, amendment, supplement, or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to give consent to such consent modification, amendment, supplement, or waiver or to revoke any consent previously given or to take any such actiongiven, 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 datedate unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment a modification, amendment, 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 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 or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of a Note Note, if the Trustee receives the notice of revocation before the date the amendment modification, amendment, supplement, waiver or waiver other action becomes effective. An amendment or waiver becomes effective Notwithstanding the foregoing, nothing in accordance with its terms and thereafter binds every Holderthis paragraph shall impair the right of any Holder under TIA Section 316(b). The 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 modification, amendment, supplement, or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to give consent to such consent modification, amendment, supplement, or waiver or to revoke any consent previously given or to take any such actiongiven, 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 datedate unless the consent of the requisite number of Holders has been obtained.

Revocation and Effect of Consents. Until an amendment 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 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 NoteHxxxxx's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of a Note Debenture. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment amendment, supplement or waiver becomes effective. An amendment amendment, supplement or waiver becomes shall become effective on receipt by the Trustee of written consents from the Holders of the requisite percentage in accordance with its terms and thereafter binds every Holderprincipal amount of the outstanding Debentures. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to give their consent or take to any other action described above or required or permitted to be taken pursuant to this Indentureindenture supplemental hereto. If a record date if is fixed, then notwithstanding the immediately preceding subsection, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to give consent to such consent or to revoke any consent previously given or to take any such actionsupplemental 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, any such consent previously given shall automatically and without further action by any Holder be canceled and of no further effect.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Debenture or portion of a Note Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of notaxxxx xf the consent is not made on any NoteDebenture. However, any such Holder or subsequent Holder may revoke the consent as to his Note Debenture or portion of a Note his Debenture by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Debentures have consented (and not theretofore revoked such consent) to the amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their designated proxies)date, and only those PersonsPersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (8) of Section 9.2.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Debenture is a continuing consent by the such Holder and every subsequent Holder of a Note such Debenture or portion of a Note such 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 such Holder or subsequent Holder may revoke the consent as to his Note Debenture or portion of a Note Debenture. Such revocation shall be effective only if the Trustee Company receives the notice of such revocation before the date on which the amendment Company receives the consent of Holders of the requisite principal amount of the then outstanding Debentures to such amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders of the Debentures entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if Record Date is fixed, then notwithstanding the last two sentences of the immediately preceding subsectionparagraph, those Persons who were Holders of the Debentures at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record dateRecord Date. No consent After an amendment, supplement or waiver becomes effective, it shall be valid bind every Holder of the Debentures, unless it makes a change described in any of clauses (1) through (7) of Section 7.01, in which case the amendment, supplement or effective for more than 120 days after such record datewaiver shall bind only each Holder of a Debenture who has consented to it and every subsequent Holder of a Debenture or portion of a Debenture that evidences the same debt as the consenting Holder's Debenture.

Revocation and Effect of Consents. Until an amendment amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder holder of a Note Security or portion of a Note Security that evidences the same debt Indebtedness as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Securities entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Securities at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders holders of Securities after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company Issuer 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment, supplement or waiver becomes effective, it shall bind every Holder; provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, premium, if any, and interest on a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Revocation and Effect of Consents. Until an amendment 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 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 or subsequent Holder holder may revoke the consent as to his Note or her Security or portion of a Note Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented to the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any series entitled to give their consent to any amendment or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders holders of Securities of such series at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Securities of such series required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt Indebtedness as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of a Note if the Trustee receives notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment or waiver becomes effective. An amendment (or waiver becomes effective in accordance with its terms and thereafter binds every Holderbefore such later date as may be required by law or stock exchange rule). The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment amendment, direction or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteXxxxxx's Security, even if notation of the consent is not made on any NoteSecurity. However, except as otherwise provided in a consent, direction or waiver, any such Holder or subsequent Holder may revoke the consent as to his Note such Holder's Security or portion of a Note Security if the Trustee receives the notice of revocation before the date the amendment amendment, direction or waiver becomes effective. An amendment amendment, direction or waiver becomes effective in accordance with its terms and thereafter binds every HolderSecurityholder. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indentureabove. If a record date if is fixed, then notwithstanding the immediately preceding subsectionparagraph, those Persons persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given 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.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the 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 or subsequent Holder may revoke the consent as to his Note or portion of a his Note if by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment (at which time such amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holdershall become effective). The Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note his Security by written notice to the Company or the Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their designated proxies)date, and only those PersonsPersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.

Revocation and Effect of Consents. Until an amendment (which includes any supplement) or waiver becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of a Note if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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 or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or take any the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or (ii) such other action described above or required or permitted to be taken pursuant to this Indenturedate as the Company shall designate. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate unless consents from Holders of the principal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period.

Revocation and Effect of Consents. Until an amendment 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 his Note or portion of a its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment or waiver becomes effectivehas been approved by the requisite Holders. An amendment amendment, supplement or waiver becomes effective when approved by the requisite Holders and executed by the Trustee (or, if otherwise provided in such waiver, supplement or amendment, in accordance with its terms terms) and thereafter binds every Holder. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give consent to such consent amendment or to waiver or revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record datedate except to the extent that the requisite number of 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 9.4.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security by written notice to the Company or Person designated by the Company as the Person to whom contents should be sent if such revocation is received by the Company or such person before the date on which the Trustee receives notice an Officers' Certificate certifying that the Holders of revocation before the date requisite principal amount of Securities have consented to the amendment supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled xxxxxxxx.xx consent to give such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 90 days after such record date.

Revocation and Effect of Consents. Until an amendment or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives the notice of revocation before the date the amendment or waiver becomes effective. An Any amendment or waiver becomes once effective shall bind every Securityholder of each Series affected by such amendment or waiver unless it is of the type described in accordance with its terms any of clauses (a) through (k) of Section 9.03. In that case, the amendment or waiver shall bind each Holder of a Security who has consented to it and thereafter binds every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date if is fixed, then notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously given or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 120 days Securityholders after such record date.

Revocation and Effect of Consents. Until an amendment amendment, supplement, waiver or waiver other action becomes effective, a consent to it by a Holder Securityholder of a Note Security is a continuing consent by the Holder conclusive and binding upon such Securityholder and every subsequent Holder Securityholder of a Note the same Security or portion thereof, and of a Note that evidences any Security 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 Notesuch Security. However, any Any such Holder Securityholder or subsequent Holder Securityholder may not revoke the consent as to his Note Security or portion of a Note if the Trustee receives notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every HolderSecurity. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders entitled to give their consent to any amendment, supplement or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then then, notwithstanding the immediately preceding subsectionparagraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to give consent to such consent amendment, supplement or to revoke any consent previously given or to take any such actionwaiver, whether or not such Persons continue to be Holders Securityholders after such record date. No such consent shall be valid or effective for more than 120 180 days after such record date.. Such record date shall be the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Securityholders furnished to the Trustee pursuant to Section 5.01. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder. ARTICLE ELEVEN

Revocation and Effect of Consents. Until an amendment --------------------------------- or waiver becomes effective, a consent to it by a Holder of a Note Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note Security if the Trustee receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every HolderSecurityholder. The Company Issuer 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the provisions of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give consent to such consent amendment or waiver or to revoke any consent previously given or to take any such actiongiven, whether or not such Persons persons continue to be Holders after such record date. No The consent shall be valid or effective for more than 120 expire 90 days after such record date.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effectivewaiver. An amendment or waiver becomes effective Notwithstanding the above, nothing in accordance with its terms and thereafter binds every Holderthis paragraph shall impair the right of any Securityholder under Section 316(b) of the TIA. The 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 or take any other action described above or required or permitted to be taken pursuant to this Indenturewaiver. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (10) of Section 9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder's Security.

Revocation and Effect of Consents. Until an amendment amendment, waiver or waiver supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of a Note his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent if such revocation is received by the Company or such person before the date on which the Trustee receives 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 amendment amendment, supplement or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holderwaiver. The 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 or take any other action described above or required or permitted to waiver, which record date shall be taken pursuant to this Indenturethe date so fixed by the Company notwithstanding the provisions of the TIA. If a record date if is fixed, then notwithstanding the last sentence of the immediately preceding subsectionparagraph, those Persons persons who were Holders at such record date (or their designated proxies)date, and only those Personspersons (or their duly designated proxies), shall be entitled to give such consent or to revoke any consent previously given or to take any such actiongiven, 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.