Solicitation of Holders of Notes. The Company will provide each holder of the Notes (irrespective of the amount of Notes then owned by it) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such holder to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this Section 17 to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.
Solicitation of Holders of Notes. The Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each holder of the Notes (irrespective of the amount of Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company to each holder of outstanding Notes forthwith following the date on which the same shall have been executed and delivered by the holder or holders of the requisite percentage of outstanding Notes. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of the Notes as consideration for or as an inducement to the entering into by any holder of the Notes of any waiver or amendment of any of the terms and provisions of this Agreement unless such remuneration is concurrently paid, on the same terms, ratably to each holder of the then outstanding Notes.
Solicitation of Holders of Notes. Consent in Contemplation of Transfer Section 18.2(c) of the Note Purchase Agreement is hereby amended and restated in its entirety as follows:
Solicitation of Holders of Notes. (a) The Company will provide each Lender (irrespective of the amount of any Commitment then owed to such Lender) with sufficient information, sufficiently far in advance of the date a decision is required, to enable such Lender to make an informed and considered decision with respect to any proposed amendment, waiver or consent in respect of any of the provisions hereof or of the Notes. The Company will deliver executed or true and correct copies of each amendment, waiver or consent effected pursuant to the provisions of this Section 15.2(a) to each holder of outstanding Notes promptly following the date on which it is executed and delivered by, or receives the consent or approval of, the requisite holders of Notes.
Solicitation of Holders of Notes. The Company will not solicit, request or negotiate for or with respect to any proposed waiver or amendment of any of the provisions of this Agreement or the Notes unless each record holder of the Notes and each record holder of May 1995 Series Notes and October 1994 Series Notes (irrespective of the amount of Notes or May 1995 Series Notes or October 1994 Series Notes then owned by it) shall concurrently be informed thereof by the Company and shall be afforded the opportunity of considering the same and shall be supplied by the Company with sufficient information to enable it to make an informed decision with respect thereto. Executed or true and correct copies of any waiver or consent effected pursuant to the provisions of this Section 9 shall be delivered by the Company to each holder of outstanding Notes and each holder of May 1995 Series Notes and October 1994 Series Notes forthwith following the date on which the same shall have become effective in accordance with the terms thereof and of this Section 9. The Company will not, directly or indirectly, pay or cause to be paid any remuneration, whether by way of supplemental or additional interest, fee or otherwise, to any holder of Notes or any holder of May 1995 Series Notes or October 1994 Series Notes as consideration for or as an inducement to the entering into by any holder of Notes or any holder of May 1995 Series Notes or October 1994 Series Notes of any waiver or amendment of any of the terms and provisions of this Agreement unless such remuneration is concurrently paid, on the same terms, ratably to the holders of all Notes, May 1995 Series Notes and October 1994 Series Notes then outstanding. Any consent made pursuant to this Section 9 by a holder of Notes that has transferred or has agreed to transfer its Notes to the Company or any Affiliate or has agreed to provide such written consent as a condition to such transfer shall be void and of no force and effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes and holders of May 1995 Series Notes and October 1994 Series Notes that were acquired under the same or similar conditions) shall be void and of no force and effect, retroactive to the date such amendment or waiver initially took or takes effect, except solely as to such holder.
Solicitation of Holders of Notes. Section 17.2 of the Existing Note Purchase Agreement is hereby amended by adding a new clause (c) at the end of such Section to read as follows:
Solicitation of Holders of Notes. 31 17.3. BINDING EFFECT, ETC.......................................... 31 17.4. NOTES HELD BY THE COMPANY, ETC............................... 31 18. NOTICES............................................................... 31
Solicitation of Holders of Notes. A/75912253.3
Solicitation of Holders of Notes. Clause (c) of Section 18.2 of the Existing Note Purchase Agreement is hereby amended by deleting “(either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c))”.
Solicitation of Holders of Notes. 52- US-DOCS\7728438.31
