Common use of Supplemental Indentures Without Consent of Holders Clause in Contracts

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 23 contracts

Sources: Indenture (Independent Bank Corp), Indenture (Independent Bank Corp), Indenture (Valley National Bancorp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series); provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein; (j) to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (j) shall not adversely affect the interests of the Commission Holders of any Securities of any Outstanding series in connection any material respect; (k) to add one or more guarantors with qualifying respect to the Securities as parties to this Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (l) to qualify this Indenture under the Trust Indenture Act; (10m) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistencyfacilitate the defeasance and discharge of any series of Securities; or (11) to make any change, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any other series; (n) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; (o) to comply with the rules of any applicable Depositary; (p) subject to any limitations established pursuant to Section 3.01, to provide for the issuance of additional Securities of any series; or (q) to conform any provision of this Indenture, any supplemental indenture, one or more series of Securities or any related guarantees or security documents, if any, to the description of such Securities contained in any material respectthe Company’s prospectus, prospectus supplement, offering memorandum or similar document with respect to the offering of the Securities of such series.

Appears in 18 contracts

Sources: Indenture (AlphaTON Capital Corp), Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Verb Technology Company, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series), provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (i) shall not adversely affect the interests of the Commission Holders of any Securities in connection any material respect; (j) to add one or more guarantors with qualifying respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (10l) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistency; or (11) to make facilitate the defeasance and discharge of any changeseries of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series in other series; or (m) to comply with the rules or regulations of any material respectsecurities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 18 contracts

Sources: Indenture (Eplus Inc), Indenture (Pioneer Energy Services Corp), Indenture (RigNet, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to change or change eliminate any of the provisions provision of this Indenture or to add any new provision to this Indenture; provided, however, that if such extent as change, elimination or addition shall be necessary to permit or facilitate adversely affect the issuance interests of the Holders of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 17 contracts

Sources: Indenture (Txu Corp /Tx/), Indenture (Txu Corp /Tx/), Indenture (Txu Capital Iv)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orCompany with regard to all or any series of Securities (and if any such surrender is to be made with regard to less than all series of Securities, stating that such surrender is expressly being made solely with regard to such series); (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one all or more any series of Securities (and if such addition, change or elimination is to apply to less than all series of Securities, stating that it is expressly being made to apply solely with respect to such series), provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9i) to comply cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any requirements other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this Clause (i) shall not adversely affect the interests of the Commission Holders of any Securities in connection any material respect; (j) to add one or more guarantors with qualifying respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (10l) to cure supplement any ambiguity, mistake, defect provisions of this Indenture necessary to permit or inconsistency; or (11) to make facilitate the defeasance and discharge of any changeseries of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series other series; (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; or (n) to make any changes in Article XIV that would limit or terminate the benefits applicable to any material respectholder of Senior Indebtedness (or its Representatives) under Article XIV.

Appears in 14 contracts

Sources: Subordinated Indenture (Eplus Inc), Subordinated Indenture (Pioneer Energy Services Corp), Subordinated Indenture (Helix Energy Solutions Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 8 contracts

Sources: Subordinated Indenture (South Financial Group Inc), Senior Indenture (Newfield Exploration Co /De/), Senior Indenture (South Financial Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture ActAct or conform this Indenture or the Securities of any series to the description thereof contained in any applicable prospectus, prospectus supplement, free writing prospectus, offering memorandum, term sheet or other offering document; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 8 contracts

Sources: Indenture (Imperial Petroleum Inc./Marshall Islands), Indenture (Tsakos Energy Navigation LTD), Indenture (Danaos Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, The Corporation and the TrusteeTrustees, at any time and from time to time, without the consent of any Holders, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the TrusteeTrustees, for any of the following purposes: (1) to evidence the succession of another Person to the Company Corporation and the assumption by any such successor of the covenants of the Company in this Indenture Corporation herein and in the Securities; or (2) to add to the covenants of the Company Corporation or any other obligor for the benefit of the Holders of all or any series of Securities (Securities, and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) , or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (Securities, and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination elimination: (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or provision; and (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities of any series or add guarantees with respect to the Securities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to effect or maintain, or otherwise comply with the requirements of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, multiple Trustees pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements 6.11 or the removal of one or more of the Commission in connection with qualifying this Indenture under the Trust Indenture ActTrustees pursuant to Section 6.10; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of Holders of Securities of any series in any material respect; (11) to conform the text of this Indenture or the terms of the Securities of any series to any corresponding provision of the prospectus, prospectus supplement, offering memorandum, offering circular, term sheet or other document pursuant to which such Securities were offered and setting forth the final terms of such Securities; or (12) to make any other change that does not adversely affect the interests of Holders of Securities of any series in any material respect.

Appears in 8 contracts

Sources: Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.), Indenture (Algonquin Power & Utilities Corp.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolutionan Establishment Action, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 7 contracts

Sources: Indenture (PPG Industries Inc), Indenture (PPG Industries Inc), Indenture (United States Steel Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesNotes; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities Notes (and if such covenants are to be for the benefit of less than all series of SecuritiesNotes, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities Notes (and if such additional Events of Default are to be for the benefit of less than all series of SecuritiesNotes, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities new Notes permitted by Section 2.1 in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities Notes in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security become effective only when there is no Note Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesNotes of any series that does not adversely affect the rights of any Holder of the Notes of such series; or (7) to establish cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not adversely affect the form or forms or terms interests of Securities the Holders of Notes of any series as permitted by Sections 2.1 and 3.1in any material respect; or (8) to evidence and provide for comply with the acceptance of appointment covenants under this Indenture by Article XI; or (9) to appoint a successor Trustee with respect to the Securities of one or more series Notes and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under in this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (910) to comply with any requirements requirement of the Commission in connection with qualifying order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any changeprovide for the issuance of Additional Notes; or (12) to conform this Indenture or the Notes to the description thereof in the related prospectus, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respectoffering memorandum or disclosure document.

Appears in 7 contracts

Sources: Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/), Indenture (Celgene Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such the relevant series)) or to surrender any right or power herein conferred upon the Company; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security Securities of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security Securities with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or and facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 7 contracts

Sources: Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/), Subordinated Indenture (Masco Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or one or more specified Tranches thereof, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any provision of this Inden- ture or to add any new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Securities of any series created prior to or Tranche Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series or (ii) shall become effective Tranche only pursuant to the provisions of Section 1202 hereof or when there is no Security of such Security series or Tranche remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series or Tranche as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee or co-trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series or Tranche of, the Securi- ties; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities, or any Tranche thereof, shall be payable, (2) all or any series of Securities, or any Tranche thereof, may be surrendered for registration of transfer, (3) all or any series of Securities, or any Tranche thereof, may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities, or any Tranche thereof, and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series or Tranche in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 6 contracts

Sources: Indenture (Texas Utilities Co /Tx/), Indenture (Texas Utilities Co /Tx/), Indenture (For Unsecured Debt Securities) (Ameren Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Sources: Indenture (LegacyTexas Financial Group, Inc.), Indenture (LegacyTexas Financial Group, Inc.), Indenture (Huntington Bancshares Inc/Md)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the the, benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b)series; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 6 contracts

Sources: Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.), Indenture (BrightSpring Health Services, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a its Board Resolutionof Directors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, including, without limitation, with respect to any of the provisions set forth in Article XIV; provided that any such addition, change, change or elimination elimination (A) shall neither (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provision with respect to any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;conversion or exchange rights as contemplated by Section 3.01; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 5 contracts

Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person corporation to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or; (2ii) to add to the covenants of the Company Issuers for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orIssuers; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture; provided, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6) to secure the Securities; or (7vi) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.02; (8) vii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (viii) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (ix) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11x) to make any changeother provisions with respect to matters or questions arising under this Indenture; provided, provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of outstanding Securities of any series in any material respect.

Appears in 5 contracts

Sources: Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp), Indenture (Suburban Propane Partners Lp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a its Board Resolutionof Directors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination elimination (A) shall neither (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 10.05 or to otherwise secure the Securities of any series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 5 contracts

Sources: Indenture (Marathon Oil Corp), Indenture (Atp Oil & Gas Corp), Indenture (Atp Oil & Gas Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article Ten or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Sources: Indenture (Vale S.A.), Indenture (Vale S.A.), Indenture (Vale Capital LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to any or all or any series of Securities (and and, if any such additional Events Event of Default are applies to be for the benefit of less fewer than all series of Securities, stating that each series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesapplies); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure the Securities; or (7f) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) g) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10h) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistencyto make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the provisions of this Indenture; or (11i) to make add to the conditions, limitations and restrictions on the authorized amount, form, terms or purposes of issue, authentication and delivery of Securities, as herein set forth, other conditions, limitations and restrictions thereafter to be observed; or (j) to supplement any changeof the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Section 4.1 or 10.11, provided that any such change action shall not adversely affect the interests of the Holders of Securities of such series and any related coupons or any other series of Securities in any material respect; or (k) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act, as contemplated by Section 9.5 or otherwise; or (l) to make any change that does not adversely affect the legal rights under this Indenture of any Holder of Securities of any series.

Appears in 4 contracts

Sources: Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc), Indenture (McCormick & Co Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of the Holders of any Holdersseries of Securities, the CompanyCompany and, to the extent applicable, each Guarantor, in each case when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company or any Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or such Guarantor herein and in the SecuritiesSecurities of any series and in the Note Guarantees of any series, as applicable; or (2b) to add to the covenants of the Company or any Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or any Guarantor; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the SecuritiesSecurities or any Note Guarantee; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein or in any supplemental indenture which may be defective or inconsistent with any other provision herein or in any supplemental indenture, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (j) to conform this Indenture or any supplemental indenture to the description of the Securities set forth in any prospectus or prospectus supplement related to such series of Securities; or (k) to comply with the rules of any applicable securities depositary; or (l) to comply with any requirements of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; or (m) to add or release a Guarantor as required or permitted by this Indenture.

Appears in 4 contracts

Sources: Subordinated Indenture (Medtronic Inc), Senior Indenture (Medtronic PLC), Subordinated Indenture (Medtronic Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) provide for or confirm the issuance of additional Securities; (7) conform this Indenture, as amended or supplemented, or the Securities, as amended or supplemented, to the description and terms of such Securities in the prospectus supplement, offering memorandum, offering circular or other offering document applicable to such Securities at the time of the initial sale thereof; (8) to secure the Securities; or; (79) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or; (8) 10) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b6.11(2); or; (911) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (1012) to cure any ambiguity, mistake, defect or inconsistency; or (1113) to make any change, ; provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Sources: Indenture (Independent Bank Corp), Indenture (Valley National Bancorp), Indenture (Valley National Bancorp)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities contained; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections Section 2.1 and Section 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, provided that such change other provisions with respect to matters or questions arising under this Indenture which shall not adversely affect the interests interest of the Holders of Securities of any series in any material respect; or (h) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (i) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series); or (j) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect.

Appears in 4 contracts

Sources: Indenture (UAG Chantilly AU, LLC), Indenture (Penske Automotive Group, Inc.), Indenture (United Nissan Inc / Tn)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 4 contracts

Sources: Indenture (Liquid Media Group Ltd.), Indenture Agreement (Finjan Holdings, Inc.), Indenture (Meta Financial Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities contained; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add change or eliminate any additional Events restrictions on the payment of Default for the benefit of the Holders of all principal (or any series of premium, if any) on Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, provided any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (5d) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such not apply to any Security Outstanding; or (6) to secure the Securities; or (7e) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) f) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10g) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, provided that such change other provisions with respect to matters or questions arising under this Indenture which shall not adversely affect the interests interest of the Holders of Securities of any series in any material respect; or (h) to add to, delete from or revise the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Securities, as herein set forth; or (i) to add any additional Events of Default (and if such Events of Default are to be applicable to less than all series of Securities stating that such Events of Default are expressly being included solely to be applicable to such series); or (j) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of the Holders of the Securities of any series in any material respect; or (k) to secure the Securities pursuant to Section 10.6.

Appears in 3 contracts

Sources: Indenture (Gatx Corp), Indenture (Gatx Financial Corp), Indenture (Gatx Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such the relevant series)) or to surrender any right or power herein conferred upon the Company; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security Securities of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security Securities with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6f) to secure the SecuritiesSecurities pursuant to the requirements of Sections 8.03 or otherwise; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or and facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Masco Corp /De/), Indenture (Masco Corp /De/), Indenture (Masco Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2ii) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Indenture; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6vi) to secure the Securities; or; (7vii) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.01 and/or 3.02; (8) viii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (ix) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (x) to conform any provision hereof to the requirements of the Trust Indenture Act or otherwise as necessary to comply with applicable law; (xi) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; (xii) to modify the provisions of Article XIII of this Indenture with respect to the subordination of Outstanding Securities of any series in a manner not materially adverse to the Holders thereof; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11xiii) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Subordinated Indenture (Knoll Inc), Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Metro Capital Trust V)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurity; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply make provision with any respect to the conversion of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Article Fourteen; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Capstone Capital Corp), Indenture (Healthcare Realty Trust Inc), Indenture (Capstone Capital Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Wendys International Inc), Indenture (Reynolds & Reynolds Co), Indenture (Wendys International Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) 9.1.2 to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (Aa) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bb) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) 9.1.6 to secure the Securities; orSecurities pursuant to the requirements of Section 10.6 or otherwise; (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or; (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Embraer Netherlands Finance B.V.), Indenture (Embraer S.A.), Indenture (Embraer S.A.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposespurposes with respect to one or more series of Securities: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Default; or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable registerable or not registrable registerable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form, or to permit or facilitate compliance with the procedures or requirements of any securities exchange or market within or without the United States of America on or in which such series may be proposed for listing or quotation; or (5) to add to, change, provide for modifications of the DTC book-entry system or adoption of additional or alternative systems of book-entry systems; or (6) to change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective -------- only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securitiesprovision; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to make provisions with respect to the conversion or exchange rights of Holders of any series of Securities; or (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and or to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P), Indenture (Citizens Utilities Capital L P)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Article X or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply make provisions with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Article XIV; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (11) to maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 3 contracts

Sources: Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD), Indenture (Primus Guaranty LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article 10 or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Vale Overseas LTD), Indenture (Vale Overseas LTD), Indenture (Gerdau Trade II Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2ii) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3iii) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or; (4iv) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5v) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Indenture; provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and entitled to the benefit which is adversely affected by such change in or elimination of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; orprovision; (6vi) to secure the Securities; or; (7vii) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or2.01 and/or 3.02; (8) viii) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); (ix) to provide for the issuance of uncertificated Securities of one or more series in addition to or in place of certificated Securities; (x) to conform any provision hereof to the requirements of the Trust Indenture Act or otherwise as necessary to comply with applicable law; (xi) to cure any ambiguity or to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11xii) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Outstanding Securities of any series in any material respect.

Appears in 3 contracts

Sources: Senior Indenture (Lincoln National Corp), Senior Indenture (Knoll Inc), Senior Indenture (Metro Capital Trust V)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolder, the CompanyCompany and the Guarantor, in each case when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants obligations of the Company in this Indenture or the Guarantor, as the case may be, herein and in the SecuritiesSecurities in accordance with Article Eight; or (2) to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly expressly, being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (54) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, Securities provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (5) to provide for collateral for the Securities; or (6) to secure cure any ambiguity, to correct or supplement any provision herein which may be inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with the Securitiesprovisions of this Indenture, provided such action pursuant to this clause (4) shall not adversely affect the interests of the Holders in any material respect; or (7) to provide for uncertificated Securities in addition to or in place of certificated Securities; (8) to make any change that does not adversely affect the rights of any Holder; and (9) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1; or (8) 301. SECTION 902. Amendments, Supplemental Indentures and Waivers with Consent of Holders. Subject to evidence Section 508, with the consent of the Holders of not less than a majority in aggregate principal amount of the Outstanding Securities of each series effected by such supplemental indenture, by Act of said Holders delivered to the Company, the Guarantor and provide the Trustee, the Company and the Guarantor, in each case when authorized by Board Resolutions, and the Trustee may amend this Indenture or enter into an indenture or indentures supplemental hereto for the acceptance purpose of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add adding any provisions to or change changing in any manner or eliminating any of the provisions of this Indenture as shall be necessary to provide for or facilitate of modifying in any manner the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests rights of the Holders of Securities of any such series in any material respect.under this

Appears in 3 contracts

Sources: Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc), Indenture (Harrahs Operating Co Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (65) to secure the Securities; or (76) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Niku Corp), Indenture (Newcastle Investment Corp), Indenture (DRS Technologies Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611; or (8) to make provision with respect to the conversion rights of Holders pursuant to the requirements of Article Fourteen hereof, including providing for the conversion of the Securities into any security or property (other than the Common Stock of the Company); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 3 contracts

Sources: Indenture (Wendys International Inc), Subordinated Indenture (Nuevo Energy Co), Subordinated Indenture (Nuevo Energy Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the Company, when authorized by a Board Resolution, the Guarantor (if the Securities are Guaranteed Securities) and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company or the Guarantor, as the case may be, and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor, as the case may be, herein and in the Securities; or (2) to add to the covenants covenants, agreements and obligations of the Company or the Guarantor, as the case may be, for the benefit of the Holders of all of the Securities or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesthereof, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor, as the case may be; or (3) to add any additional Events establish the form or terms of Default for the benefit Securities of the Holders of all or any series of Securities (as permitted by Sections 2.1 and if such additional Events of Default are to be for the benefit of less than all series of Securities2.3(a), stating that such additional Events of Default are expressly being included solely for the benefit of such series)respectively; or (4) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit provide for or facilitate the issuance administration of Securities in bearer formthe trusts hereunder by more than one Trustee, registrable or not registrable as pursuant to principal, and with or without interest coupons, or to permit or facilitate the issuance requirements of Securities in uncertificated formSection 7.8; or (5) to cure any ambiguity, defect or inconsistency; or (6) to add to, change, change or eliminate any of the provisions of this Indenture in respect of (which addition, change or elimination may apply to one or more series of Securities), provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (67) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided other change that such change shall does not adversely affect the interests of the Holders of Securities rights of any series in any material respectSecurityholder.

Appears in 3 contracts

Sources: Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp), Indenture (Aimco Properties Lp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyPartnership, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any one or more of the following purposes: (1) to secure the Securities pursuant to the requirements of Article X or otherwise; (2) to evidence the succession of another Person to the Company Partnership under this Indenture and the Securities and the assumption by any such successor Person of the obligations of the Partnership hereunder and under the Securities; (3) to add covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company Partnership for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; orPartnership provided such action does not adversely affect the interests of the Holders; (34) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); orDefault; (45) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (56) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of the Securities of any series as permitted by Sections 2.1 and 3.1; orissued pursuant to the terms hereof; (8) to cure any ambiguity or correct any inconsistency in this Indenture; (9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (910) to comply with any requirements of the Commission in connection with qualifying qualify this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make provide for uncertificated securities in addition to certificated securities; (12) to supplement any changeprovisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series of Securities, provided that such change shall action does not adversely affect the interests of the Holders of Securities of such series or any series in other series; and (13) to comply with the rules or regulations of any material respectsecurities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 3 contracts

Sources: Subordinated Indenture (Buckeye Partners, L.P.), Indenture (Buckeye Partners L P), Indenture (Buckeye Partners L P)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series; (j) to add one or more guarantors with respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (l) to supplement any provisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series in of Securities, provided that such action does not adversely affect the interests of the Holders of Securities of such series or any material respectother series; or (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded.

Appears in 2 contracts

Sources: Indenture (Magnum Hunter Resources Corp), Indenture (GreenHunter Energy, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (11) to conform the Indenture or the Securities to the descriptions thereof in the related prospectus, offering memorandum or disclosure document.

Appears in 2 contracts

Sources: Indenture (United Community Banks Inc), Indenture (United Community Banks Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Allegheny Energy Inc), Indenture (Allegheny Energy Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of the Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of the Securities (and if such additional Events of Default are to be for the benefit of less than all series of the Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of the Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of the Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of the Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure provide security for the Securities; or (7) to establish the form or forms or terms of the Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.07; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to, change, or eliminate any of the provisions of this Indenture to such extent as shall be necessary to add or substitute any of the Partnership’s Subsidiaries as a co-issuer of securities of an applicable series; or (11) to conform the text of this Indenture, the Securities of a series, or any supplemental indenture in respect such series of Securities to any provision of the “Description of Notes” or “Description of Debt Securities” contained in the prospectus supplement or accompanying prospectus relating to such series of Securities.

Appears in 2 contracts

Sources: Indenture (Amerigas Partners Lp), Indenture (Amerigas Finance Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respectseries.

Appears in 2 contracts

Sources: Indenture (Allegiance Corp), Indenture (Allegiance Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantors, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or otherwise secure any series of the Securities or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of the Securities (and and, if such additional Events Event of Default are is applicable to be for the benefit of less than all series of Securities, stating that specifying the series to which such additional Events Event of Default are expressly being included solely for the benefit of such seriesis applicable); or (4) to add change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture which is adversely affected by such change in or change elimination of such provision; or 57 (5) to establish the form or terms of Securities of any series as permitted by Sections 201 and 301; or (6) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance defeasance and discharge of any series of Securities pursuant to Section 401; provided, however, that any such action shall not adversely affect the interest of the Holders of Securities of such series or any other series of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securitiesmaterial respect; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change other provisions as may be made shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (9) to add new Guarantors pursuant to Article Fourteen.

Appears in 2 contracts

Sources: Indenture (Key Energy Services Inc), Indenture (Key Energy Services Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.nor

Appears in 2 contracts

Sources: Indenture (Meta Financial Group Inc), Subordinated Indenture (Stone Energy Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article Ten or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or 9.1.10 to issue an unlimited amount of 2007 Notes pursuant to the First Supplemental Indenture, to issue an unlimited amount of “Exchange Securities” contemplated by the Registration Rights Agreement and to comply with the obligations of the Company and the Guarantor thereunder.

Appears in 2 contracts

Sources: Indenture (Vale Overseas LTD), Indenture (Companhia Vale Do Rio Doce)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company Company, or to surrender any right or power herein conferred upon the Company, for the benefit of the Holders of all or any series of Securities or coupons (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of such series); provided that such action pursuant to this clause (2) shall not adversely affect the interests of the Holders of any series or to surrender any right or power conferred appurtenant coupons in this Indenture upon the Companyany material respect; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); ): or (4) to add to to, change or change eliminate any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without interest couponseliminate any restrictions on the payment of principal (or premium, if any) on Registered Securities or of principal (or premium, if any) or any interest, if any, on Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination provided for in this clause (5): (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security OutstandingOutstanding Security; or (6) to secure add to this Indenture such provisions as may be expressly permitted by the SecuritiesTrust Indenture Act, excluding, however, the provisions referred to in Section 316(a)(2) of the Trust Indenture Act as in effect at the date as of which this instrument was executed or any corresponding provision in any similar Federal statute hereafter enacted; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series or any appurtenant coupons in any material respect; or (10) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities or coupons, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company Company, or to surrender any right or power herein conferred upon the Company, for the benefit of the Holders of all or any series of Securities or coupons (and if such covenants or the surrender of such right or power are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included or such surrenders are expressly being made solely for the benefit of such series); provided that such action pursuant to this clause (2) shall not adversely affect the interests of the Holders of any series or to surrender any right or power conferred appurtenant coupons in this Indenture upon the Companyany material respect; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); ): or (4) to add to to, change or change eliminate any of the provisions of this Indenture to such extent as shall provide that Bearer Securities may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with to change or without interest couponseliminate any restrictions on the payment of principal (or premium, if any) on Registered Securities or of principal (or premium, if any) or any interest, if any, on Bearer Securities, to permit Bearer Securities to be issued in exchange for Registered Securities of other authorized denominations or to permit or facilitate the issuance of Securities in uncertificated form; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series or any related coupons in any material respect; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination provided for in this clause (5): (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.such

Appears in 2 contracts

Sources: Indenture (Bergen Brunswig Corp), Indenture (Bergen Brunswig Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board ResolutionResolution of the Company, the Subsidiary Guarantors, when authorized by respective Board Resolutions of the Subsidiary Guarantors, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); orDefault; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.1; or3.01; (8) to comply with Section 8.01 and 8.02; (9) to provide for uncertificated Securities in addition to or in place of certificated Securities; (10) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (1011) to make provisions with respect to the conversion rights of Holders pursuant to the requirements of Article XV; (12) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; (13) to add new Subsidiary Guarantors pursuant to Section 14.05; or (14) to conform any provision of this Indenture to the "Description of Debt Securities" contained in the Prospectus or any similar provision contained in any supplement to the Prospectus relating to an offering of debt securities under this Indenture.

Appears in 2 contracts

Sources: Indenture (Top Tankers Inc.), Indenture (Intermagnetics General Corp)

Supplemental Indentures Without Consent of Holders. (a) Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may amend the Securities of a series or enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1i) to make such provision in regard to matters or questions arising under this Indenture as may be necessary or desirable and not inconsistent with this Indenture or for the purpose of supplying any omission, curing any ambiguity, or curing, correcting or supplementing any defective or inconsistent provision, provided that such provision shall not adversely affect the interests of Holders of Outstanding Securities created prior to the execution of such supplemental indenture in any material respect; or (ii) to change or eliminate any of the provisions of this Indenture, provided that any such change or elimination shall become effective only when there is no Outstanding Security of any series created prior to the execution of such supplemental indenture which is entitled to the benefit of such provision; or (iii) to secure the Securities; or (iv) to establish the form or terms of Securities of any series as permitted by Section 2.01 and Section 3.01 hereof; or (v) to evidence the succession of another Person to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2vi) to grant to or confer upon the Trustee for the benefit of the Holders any additional rights, remedies, powers or authority; or (vii) to permit the Trustee to comply with any duties imposed upon it by law; or (viii) to specify further the duties and responsibilities of, and to define further the relationships among, the Trustee, any Authenticating Agent and any Paying Agent; or (ix) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any a right or power conferred in this Indenture upon on the CompanyCompany herein; or (3x) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Alliant Energy Corp), Indenture (Wisconsin Power & Light Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants obligations of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities; provided, provided however, that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities; or (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10i) to cure any ambiguity, mistake, defect to correct or inconsistencysupplement any provision herein that may be defective or inconsistent with any other provision herein; or (11j) to make provide any changeother provisions with respect to matters or questions arising under this Indenture; provided, provided however, that such change action pursuant to this clause (j) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (k) to supplement any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Sections 4.01, 13.02 and 13.03; provided, however, that any such action shall not adversely affect the interests of the Holders of outstanding Securities of such series or any other series of outstanding Securities; or (l) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or6.11; (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;Section 15.12, if applicable; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect. Notwithstanding any provision in this Indenture or otherwise, the rights of Entitled Persons in respect of Other Financial Obligations under this Indenture and otherwise in respect of the Securities or any series of the Securities may, at any time and from time to time, be modified in any respect or eliminated without the consent of any Entitled Person in respect of Other Financial Obligations.

Appears in 2 contracts

Sources: Indenture (Liquid Media Group Ltd.), Indenture (Associated Banc-Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Pinnacle West Capital Corp), Indenture (Pinnacle West Capital Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (United Community Banks Inc), Indenture (Huntington Bancshares Inc/Md)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such one or more specified series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (Dain Rauscher Corp), Indenture (Dain Rauscher Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board ResolutionResolution or Officer’s Certificate, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to evidence the addition of a co-obligor (each, a “Co-Obligor”) or Guarantor in respect of any or all series of Securities, as may be permitted in accordance with the terms of such Securities; or (c) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power (but not any obligation, except any obligation concomitant to such right or power) herein conferred in this Indenture upon the Company; or (3d) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4e) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change or elimination (A) shall neither (i) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (ii) modify the rights of the Holder of any such Security with respect to such provision or (B) shall become effective only when there is no such Security Outstanding; or (f) to secure the Securities pursuant to the requirements of any provision of this Indenture or any indenture supplemental hereto or otherwise; or (g) to establish the form or terms of Securities of any series as permitted by Sections 2.1 and 3.1 and, if required, to provide for the appointment of a co-trustee and/or other agents; or (h) to add or amend provisions for purposes of effecting the conversion or exchange of Securities as contemplated by Section 3.1; or (i) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 6.13, and/or by additional agents; or (j) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9k) to comply with any requirements of the Commission Trust Indenture Legislation, including without limitation in connection with qualifying qualifying, or maintaining the qualification of, this Indenture under the Trust Indenture Act;; or (10l) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (l) shall not adversely affect in any material respect the interests of the Holders of Securities of any series in any material respectseries.

Appears in 2 contracts

Sources: Indenture (Brookfield Asset Management Ltd.), Subordinated Indenture (Brookfield Asset Management Ltd.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided provided, however, that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; orSecurities pursuant to the requirements of Section 1007 or otherwise; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1; or301, including the provisions and procedures relating to Securities convertible into or exchangeable for any securities of any Person (including the Company); (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or611; (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided provided, however, that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Parker Hannifin Corp), Indenture (Parker Hannifin Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCompany and the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company or the Guarantor and the assumption by any such successor of the obligations and covenants of the Company in this Indenture or the Guarantor herein and in the SecuritiesDebt Securities or the related Guarantees, as the case may be; or (2) to add to the covenants of the Company or the Guarantor, for the benefit of the Holders of all or any series of Debt Securities (and if such covenants are to be for the benefit of less than all series of Debt Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Debt Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Debt Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination shall either (i) become effective only when there is no Debt Security Outstanding of any series created prior to the execution of such supplemental indenture which is entitled to the benefit of such provision or (ii) shall neither (A) apply to any Debt Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Debt Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Debt Securities of any series as permitted by Sections 2.1 202 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Debt Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)710; or (8) to secure the Debt Securities; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with any provision of this Indenture, provided that such change other provisions shall not adversely affect the interests of the Holders of Debt Securities of any series in any material respect; or (10) to modify, eliminate or add to the provisions of this Indenture to such extent as shall be necessary to effect the qualification of this Indenture under the Trust Indenture Act or under any similar federal statute hereafter enacted and to add to this Indenture such other provisions as may be expressly required under the Trust Indenture Act; or (11) to effect the assumption by the Guarantor or a Subsidiary thereof pursuant to Section 905.

Appears in 2 contracts

Sources: Indenture (Countrywide Home Loans Inc), Indenture (Countrywide Home Loans Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that 40 47 such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; , or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Ugly Duckling Corp), Indenture (Ugly Duckling Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of Article Fourteen, including providing for the Commission in connection with qualifying this Indenture under conversion of the Trust Indenture Act;securities into any security (other than the Common Stock of the Company) or property of the Company; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.action pursuant to this Clause

Appears in 2 contracts

Sources: Indenture (Read Rite Corp /De/), Indenture (Micron Technology Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuer, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Issuer and the assumption by any such successor of the covenants of the Company in this Indenture Issuer herein and in the Securities; or (2) to add to the covenants of the Company Issuer for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuer; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series and to increase the aggregate principal amount of any Outstanding series of Securities, as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (8) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture of Trust (Energy Income & Growth Fund), Indenture of Trust (Energy Income & Growth Fund)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formform or in the form of Book-Entry Securities; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) other than with respect to a defective provision shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Solutia Inc), Indenture (Solutia Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or other wise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (American Greetings Corp), Indenture (American Greetings Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentures, in form satisfactory to the Trusteehereto, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of Holders of Securities of any series in any material respect. (11) to amend or supplement any provision contained herein or in any supplemental indenture, provided that no such amendment or supplement shall materially adversely affect the interests of the Holders of any Securities then Outstanding.

Appears in 2 contracts

Sources: Indenture (United Parcel Service Inc), Indenture (United Parcel Service Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of the Holders of any HoldersSecurities, ELI, when authorized by a Board Resolution, the CompanyC▇▇▇any, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto (a "Series Supplemental Indenture" in the case of item (a) below), in form satisfactory to the Trustee, for any of the following purposes: (1a) to establish the form and terms of Securities of any series of Securities permitted by Sections 2.01 and 2.03; or (b) to evidence the succession of another Person corporation to ELI and the assumption by any such successor of t▇▇ covenants of ELI herein contained, or to evidence the succes▇▇▇n of another corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities contained; or (2c) to evidence the succession of a new trustee hereunder or a co-trustee or separate trustee pursuant to Section 9.15 hereof; (d) to add to the covenants of the Company or ELI, for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of SecuritiesS▇▇▇rities, stating that such covenants are expressly being included solely for the benefit of such series) or to evidence the surrender of any right or power herein conferred in this Indenture upon the CompanyCompany or ELI; or (3e) to add convey, transfer and assign to ▇▇▇ Trustee, and to subject to the Lien of this Indenture, with the same force and effect as though included in the Granting Clauses hereof, additional Pledged Lessor Bonds or additional properties or assets, and to correct or amplify the description of any additional Events property at any time subject to the Lien of Default for this Indenture or to assure, convey and confirm unto the benefit of the Holders of all Trustee any property subject or any series of Securities (and if such additional Events of Default are required to be for subject to the benefit Lien of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)this Indenture; or (4f) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5g) to add to, change, change or eliminate any of the provisions provision of this Indenture in respect of one or more series of SecuritiesIndenture; provided, provided however, that any if such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series, such change or elimination shall become effective with respect to such series in any material respect.only when no Security of such series remains Outstanding; or

Appears in 2 contracts

Sources: Refunding Agreement (Entergy Louisiana Inc), Refunding Agreement (Entergy Louisiana Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article 10 or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Section 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Vale Overseas LTD), Indenture (Gerdau Trade II Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company under this Indenture and the Securities and the assumption by any such successor of the covenants obligations of the Company in this Indenture and in the Securities; orhereunder; (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i1) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii2) shall become effective only when there is no such Security Outstanding; or; (6f) to secure the Securities or any guarantee with respect to any Securities; or; (7g) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; orhereunder; (8) h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act6.11; (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (i) shall not adversely affect the interests of the Holders of Securities of any series; (j) to add one or more guarantors with respect to the Securities as parties to the Indenture or to release guarantors in accordance with the provisions of any supplemental indenture; (k) to qualify this Indenture under the Trust Indenture Act; (l) to supplement any provisions of this Indenture necessary to permit or facilitate the defeasance and discharge of any series of Securities, provided that such action does not adversely affect the interests of the Holders of Securities of such series or any other series; (m) to comply with the rules or regulations of any securities exchange or automated quotation system on which any of the Securities may be listed or traded; or (n) to make any changes in Article XIV that would limit or terminate the benefits applicable to any material respectholder of Senior Indebtedness (or its Representatives) under Article XIV.

Appears in 2 contracts

Sources: Subordinated Indenture (Magnum Hunter Resources Corp), Subordinated Indenture (GreenHunter Energy, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the The Company, when authorized by a Board Resolution, and the Trustee, Trustee at any time and from time to time, may amend this Indenture or enter into one or more indentures supplemental indentureshereto, to be in a form satisfactory to the Trustee, Trustee without notice to or consent of any Securityholder for any of the following purposes: (1) to evidence the succession comply with Section 5.01; or (2) to provide for uncertificated Securities in addition to or in place of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the certificated Securities; or (23) to add to the covenants of the Company Company, for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), or to surrender any right or power herein conferred in this Indenture upon the Company; or (34) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure establish the Securitiesform or terms of Securities of -41- any series as permitted by Sections 2.01 and 2.02; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with any provision of this Indenture, provided that such change other provisions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Assisted Living Concepts Inc), Indenture (Assisted Living Concepts Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities, all as provided in Article Eleven; or (2b) to add to the one or more covenants of the Company or other provisions for the benefit of all Holders or for the benefit of the Holders of, or to remain in effect only so long as there shall be Outstanding, Securities of all one or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesmore specified series, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series)Outstanding hereunder; or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any provision of this Inden- ture or to add any new provision to this Indenture; provided, however, that if such change, elimination or addition shall adversely affect the interests of the provisions Holders of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security Securities of any series created prior to Outstanding on the execution date of such indenture supplemental indenture and entitled to the benefit of hereto in any material respect, such provision nor (B) modify the rights of the Holder of any such Security change, elimination or addition shall become effective with respect to such provision series only pursuant to the provisions of Section 1202 hereof or (ii) shall become effective only when there is no Security of such Security series remains Outstanding; or (6e) to secure provide collateral security for all but not part of the Securities; or (7f) to establish the form or forms or terms of Securities of any series as permitted contemplated by Sections 2.1 201 and 3.1301; or (8) g) to provide for the authentication and delivery of bearer securities and coupons appertaining thereto representing interest, if any, thereon and for the procedures for the registration, exchange and replacement thereof and for the giving of notice to, and the solicitation of the vote or consent of, the holders thereof, and for any and all other matters incidental thereto; or (h) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a separate or successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b911(b); or (9i) to comply with provide for the procedures required to permit the Company to utilize, at its option, a noncertificated system of registration for all, or any requirements series of, the Securities; or (j) to change any place or places where (1) the principal of and premium, if any, and interest, if any, on all or any series of Securities shall be payable, (2) all or any series of Securities may be surrendered for registration of transfer, (3) all or any series of Securities may be surrendered for exchange and (4) notices and demands to or upon the Commission Company in connection with qualifying respect of all or any series of Securities and this Indenture under the Trust Indenture Act;may be served; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother changes to the provisions hereof or to add other provisions with respect to matters or questions arising under this Indenture, provided that such change other changes or additions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.. Without limiting the generality of the foregoing, if the Trust Indenture Act as in effect at the date of the execution and delivery of this Indenture or at any time thereafter shall be amended and

Appears in 2 contracts

Sources: Indenture (Mp&l Capital I), Indenture (Mp&l Capital I)

Supplemental Indentures Without Consent of Holders. Without Unless otherwise provided pursuant to Section 3.1, without the consent of any HoldersHolders of Debentures or Coupons, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesDebentures; or (2b) to add to the covenants of the Company for the benefit of the Holders of Debentures of all or any series of Securities (and if such covenants are to be for the benefit of Debentures of less than all series of Securitiesseries, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of Debentures of less than all series of Securitiesseries, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall provide that Bearer Debentures may be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable registerable as to principal, and with to change or without eliminate any restrictions on the payment of principal of or any premium or interest couponson Bearer Debentures, to permit Bearer Debentures to be issued in exchange for Registered Debentures, to permit Bearer Debentures to be issued in exchange for Bearer Debentures of other authorized denominations or to permit or facilitate the issuance of Securities Debentures in uncertificated form, provided that any such action shall not adversely affect the interests of the Holders of Debentures of any series or any related Coupons in any material respect; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security become effective only when there is no Debenture Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure the Securities; or (7f) to establish the form or forms or terms of Securities Debentures of any series and any related coupons as permitted by Sections 2.1 and 3.1; or (8) g) to evidence and provide for the acceptance of appointment under this Indenture thereunder by a successor Trustee with respect to the Securities Debentures of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b6.8(b); or (9h) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of Article XIV, including providing for the Commission in connection with qualifying this Indenture under conversion of the Trust Indenture Act;Debentures into any security or property (other than the Common Stock of the Company); or (10i) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities Debentures of any series or any related Coupons in any material respect.

Appears in 2 contracts

Sources: Indenture (Sun Healthcare Group Inc), Indenture (Sun Healthcare Group Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure or provide for the guarantee of the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to supplement any of the provisions of this Indenture to the extent necessary to permit or facilitate the Defeasance and discharge of any series of Securities pursuant to Sections 4.1, 13.2 and 13.3; provided that any such action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (12) to make provisions with respect to conversion or exchange rights of Holders of Securities of any series; or (13) to add, delete from or revise the conditions, limitations or restrictions on issue, authentication and delivery of securities; or (14) to conform any provision in an indenture to the requirements of the Trust Indenture Act; or to conform to the text of this Indenture or the Securities to the descriptions hereof or thereof contained in any registration statement of the Company to which this Indenture is filed as an exhibit and any applicable prospectus or prospectus supplement; or (15) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Abacus Life, Inc.), Indenture (Abacus Life, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect affect, as determined in good faith by the Company, the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Indenture (Privatebancorp, Inc), Indenture (Privatebancorp, Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities in compliance with Article 8; or (2b) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company, provided that such action shall not adversely affect the Holders in any material respect; or (3c) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4d) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5e) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6f) to secure the Securities, including provisions regarding the circumstances under which collateral may be released or substituted; or (g) to add or provide for a guaranty of the Securities or additional obligors on the Securities; or (7h) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) i) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10j) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (j) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; (k) to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Articles 4 and 13, provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect; or (l) to maintain the qualification of the Indenture under the Trust Indenture Act.

Appears in 2 contracts

Sources: Indenture (SVB Financial Group), Indenture (SVB Financial Group)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesSecurities of any series that does not adversely affect the rights of any Holder of the Securities of such series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and or to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to comply with any requirement of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (11) to conform the Indenture or the Securities to the description thereof in the related prospectus, offering memorandum or disclosure document.

Appears in 2 contracts

Sources: Indenture (GT Advanced Technologies Inc.), Indenture (GT Advanced Technologies Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) : to evidence the succession of another Person to the Company Company, or successive successions, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities in compliance with Article 8; or (2) or to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) or to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) or to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) or to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) or to secure the Securities, including provisions regarding the circumstances under which collateral may be released or substituted; or (7) or to add or provide for a guaranty of the Securities or additional obligors on the Securities; or to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) or to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) or to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Articles 4 and 13, provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect.

Appears in 2 contracts

Sources: Indenture (Sigma Designs Inc), Indenture (Sigma Designs Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCorporation and the Guarantor, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company Corporation or the Guarantor, and the assumption by any such successor of the covenants of the Company in this Indenture Corporation or Guarantor herein and in the SecuritiesSecurities and Guarantees contained; or (2) to convey, transfer, assign, mortgage or pledge any property to or with the Trustee or to surrender any right or power herein conferred upon the Corporation or Guarantor; or (3) to establish the form or terms of Securities of any series as permitted by Sections 2.1 or 3.1; or (4) to add to the covenants of the Company Corporation or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such seriesthe series specified) or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation or the Guarantor; or (35) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such seriesthe series specified); or (46) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination shall (ia) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and that is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (iib) shall become effective only when there is no such Security Outstanding; or (6) not apply to secure the any Outstanding Securities; or (7) to establish cure any ambiguity, to correct or supplement any provision herein that may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided that such action pursuant to this clause (7) shall not adversely affect the form or forms or terms interest of the Holders of Securities of any series in any material respect or, in the case of the Securities of a series issued to an Issuer Trust and for so long as permitted any of the corresponding series of Capital Securities issued by Sections 2.1 and 3.1such Issuer Trust shall remain outstanding, the holders of such Capital Securities; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any the requirements of the Commission in connection with qualifying order to effect or maintain qualification of this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 2 contracts

Sources: Junior Subordinated Indenture (Banponce Corp), Junior Subordinated Indenture (Banponce Trust Ii)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of SECTION 10.03 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 SECTIONS 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)SECTION 6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) If applicable, make provisions with respect to the conversion rights of Holders of Securities pursuant to SECTION 15.01; or (11) If applicable, reduce the Conversion Price; provided, however, that such reduction in the Conversion Price shall not adversely affect the interest of the Holders of Securities (after taking into account tax and other consequences of such reduction).

Appears in 2 contracts

Sources: Indenture (Amerada Hess Corp), Indenture (Amerada Hess Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to make provision with respect to the conversion rights of Holders, including providing for the conversion of the Securities into any security or property (other than the Common Stock of the Company).

Appears in 1 contract

Sources: Indenture (M I Schottenstein Homes Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentures, in form satisfactory to the Trustee, hereto for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable uncertificated form (provided that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the U.S. Internal Revenue Code of 1986 (as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formamended)); or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesSecurities of any series that does not impair or adversely affect the rights of any Holder of the Securities of such series; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and or to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to comply with any requirement of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; or (11) to conform the Indenture or the Securities to the description thereof in the related prospectus, offering memorandum or disclosure document.

Appears in 1 contract

Sources: Indenture (Atlas Air Worldwide Holdings Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuer, when authorized by a Board ResolutionResolution or Officer’s Certificate, the Company and the TrusteeTrustees, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the TrusteeTrustees, for any of the following purposes: (1a) to evidence the succession of another Person to the Issuer or the Company and the assumption by any such successor of the covenants of the Issuer or the Company in this Indenture (as applicable) herein and in the Securities; or (2b) to evidence the addition of a co-obligor (each, a “Co-Obligor”) or additional Guarantor in respect of any or all series of Securities, as may be permitted in accordance with the terms of such Securities; or (c) to add to the covenants of the Issuer or the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power (but not any obligation, except any obligation concomitant to such right or power) herein conferred in this Indenture upon the Issuer or the Company; or (3d) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4e) to add to, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change or elimination (A) shall neither (i) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (ii) modify the rights of the Holder of any such Security with respect to such provision or (B) shall become effective only when there is no such Security Outstanding; or (f) to secure the Securities pursuant to the requirements of any provision of this Indenture or any indenture supplemental hereto or otherwise; or (g) to establish the form or terms of Securities of any series as permitted by Sections 2.1 and 3.1 and, if required, to provide for the appointment of a co-trustee; or (h) to evidence and provide for the acceptance of appointment hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts hereunder by more than one Trustee, pursuant to the requirements of Section 7.14; or (i) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9j) to comply with any requirements of the Commission Trust Indenture Legislation, including without limitation in connection with qualifying qualifying, or maintaining the qualification of, this Indenture under the Trust Indenture Act;; or (10k) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (k) shall not adversely affect in any material respect the interests of the Holders of Securities of any series in any material respectseries.

Appears in 1 contract

Sources: Indenture (Brookfield Asset Management Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.1; or3.01; (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect. Notwithstanding any provision in this Indenture or otherwise, the rights of creditors in respect of General Obligations under this Indenture and otherwise in respect of the Securities may, at any time and from time to time, be reduced or eliminated by a supplemental indenture entered into by the Company and the Trustee, which supplemental indenture will not require the consent of the Holders of Securities or any creditor in respect of General Obligations.

Appears in 1 contract

Sources: Indenture Agreement (Chittenden Corp /Vt/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyIssuers, when authorized by a Board ResolutionResolutions, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to either or both of the Company Issuers and the assumption by any such successor of the covenants of the Company in this Indenture such Issuers herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of the Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyIssuers; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of the Securities (and if such additional Events of Default are to be for the benefit of less than all series of the Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of the Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of the Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of the Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure provide security for the Securities; or (7) to establish the form or forms or terms of the Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.07; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to, change, or eliminate any of the provisions of this Indenture to such extent as shall be necessary to add or substitute any of the Partnership’s subsidiaries as a co-issuer of securities of an applicable series.

Appears in 1 contract

Sources: Indenture (Amerigas Partners Lp)

Supplemental Indentures Without Consent of Holders. Without -------------------------------------------------- the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentures, in form satisfactory to the Trusteehereto, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, ; provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 10.06 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of Holders of Securities of any series in any material respect. (11) to amend or supplement any provision contained herein or in any supplemental indenture, provided that no such amendment or supplement shall materially adversely affect the interests of the Holders of any Securities then Outstanding.

Appears in 1 contract

Sources: Indenture (United Parcel Service of America Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company Company, and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesDebt Securities contained; or (2) to add to the covenants of the Company Company, for the benefit of the Holders of all or any series of Debt Securities or coupons (and if such covenants are to be for the benefit of less than all series of SecuritiesDebt Securities or coupons, stating that such covenants are expressly being included solely for the benefit of such series) ), to convey, transfer, assign, mortgage or pledge any property to or with the Trustee, or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Debt Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect to provide that Bearer Securities may be registrable as to principal, to change or eliminate any restrictions on the payment of one principal (or more series premium, if any) on Registered Securities or of principal (or premium, if any) or any interest on Bearer Securities, provided to permit Bearer Securities to be issued in exchange for Registered Securities of other authorized denominations or to permit or facilitate the issuance of Debt Securities in uncertificated form, PROVIDED any such action shall not adversely affect the interests of the Holders of Debt Securities of any series or any related coupons in any material respect; or (5) to change or eliminate any of the provisions of this Indenture, PROVIDED that any such addition, change, change or elimination (ia) shall neither (A) apply to any become effective only when there is no Debt Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision provisions or (iib) shall become effective only when there is no such not apply to any Debt Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Debt Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) 7) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Debt Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b611(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 8) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with any provision of this Indenture, provided that PROVIDED such change other provisions shall not adversely affect the interests of the Holders of Debt Securities of any series or any related coupons in any material respect or, in the case of the Debt Securities of a series issued to an Issuer Trust and for so long as any of the corresponding series of Capital Trust Securities issued by such Issuer Trust shall remain outstanding, the holders of such Capital Trust Securities; or (9) to add to or change or eliminate any provision of this Indenture as shall be necessary or desirable in accordance with any amendments to the Trust Indenture Act, provided such action shall not adversely affect the interest of Holders of Debt Securities of any series or any appurtenant coupons in any material respect.

Appears in 1 contract

Sources: Indenture (Wells Fargo & Co/Mn)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to make provision with respect to conversion rights of Holders pursuant to the requirements of Article Fourteen.

Appears in 1 contract

Sources: Indenture (Pinnacle West Capital Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1006 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (10) to change or modify any of the provisions herein, provided that any such changes or modifications shall not adversely affect the interests of the Holders of Securities of any series created prior to the execution of such supplemental indenture in any material respect.

Appears in 1 contract

Sources: Indenture (Nielsen Media Research Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 1008 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series then outstanding in any material respectrespects.

Appears in 1 contract

Sources: Indenture (Credit Acceptance Corporation)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, the Guarantor, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company or the Guarantor and the assumption by any such successor of the covenants of the Company in this Indenture or the Guarantor herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company or the Guarantor for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCompany or the Guarantor; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article 10 or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or 9.1.10 to issue an unlimited amount of 2007 Notes pursuant to the First Supplemental Indenture, to issue an unlimited amount of “Exchange Securities” contemplated by the Registration Rights Agreement and to comply with the obligations of the Company and the Guarantor thereunder.

Appears in 1 contract

Sources: Indenture (Vale Overseas LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated formform or in the form of Book-Entry Securities; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (9) other than with respect to a defective provision shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (D & K Healthcare Resources Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Defaults or Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Defaults or Events of Default are -49- 59 to be for the benefit of less than all series of Securities, stating that such additional Defaults or Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Dime Bancorp Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants covenants, agreements and obligations of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securitiesseries, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture Indenture, in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any change, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respect.to

Appears in 1 contract

Sources: Indenture (Belo a H Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less 50 than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided PROVIDED that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 201 and 3.1301; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)611; or (9) to comply make provision with any respect to the conversion rights of Holders pursuant to the requirements of Article Fourteen, including providing for the Commission in connection with qualifying this Indenture under conversion of the Trust Indenture Act;securities into any security (other than the Common Stock of the Company) or property of the Company; or (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided PROVIDED that such change action pursuant to this Clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect; or (11) to supplement any of the provisions of the Indenture to such extent as shall be necessary to permit or facilitate the defeasance and discharge of any series of Securities pursuant to Articles Four and Thirteen, provided that any such action shall not adversely affect the interests of the Holders of Securities of such series or any other series of Securities in any material respect.

Appears in 1 contract

Sources: Indenture (Scholastic Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, Trustee (at the direction of the Company) at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form reasonably satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesNotes; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities Notes (and if such covenants are to be for the benefit of less than all series of SecuritiesNotes, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of with respect to all or any series of Securities Notes (and if such additional Events of Default are to be for the benefit of less than all series of SecuritiesNotes, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities new Notes permitted by Section 2.1 in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities Notes in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security become effective only when there is no Note Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure make a change to the SecuritiesNotes of any series that does not adversely affect the rights of any Holder of the Notes of such series; or (7) to establish cure any ambiguity, to correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, or to make any other provisions with respect to matters or questions arising under this Indenture, provided such action shall not adversely affect the form or forms or terms interests of Securities the Holders of Notes of any series as permitted by Sections 2.1 and 3.1in any material respect; or (8) to evidence and provide for comply with the acceptance of appointment covenants under this Indenture by ARTICLE XI; or (9) to appoint a successor Trustee with respect to the Securities of one or more series Notes and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under in this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (910) to comply with any requirements requirement of the Commission in connection with qualifying order to effect or maintain the qualification of this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistake, defect or inconsistency; or (11) to make any changeprovide for the issuance of Additional Notes; or (12) to conform this Indenture or the Notes to the description thereof in the related prospectus, provided that such change shall not adversely affect the interests of the Holders of Securities of any series in any material respectoffering memorandum or disclosure document.

Appears in 1 contract

Sources: Indenture (Celgene Corp /De/)

Supplemental Indentures Without Consent of Holders. Without the consent of any HoldersHolders of Securities, the Company, when authorized by a Board Resolution, Company and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1a) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2b) to add to the covenants covenants, agreements and obligations of the Company for the benefit of the Holders of all of the Securities or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securitiesthereof, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or (6) to secure the Securities; or (7c) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.12.2(c), respectively; or (8) d) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.8; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10e) to cure any ambiguity, mistake, defect or inconsistency; (f) to amend restrictions on transferability of any Securities on any series in any manner that does not adversely affect the rights of any Securityholder in any material respect; or (11g) to make add to, change or eliminate any changeof the provisions of this Indenture (which addition, change or elimination may apply to one or more series of Securities), provided that any such addition, change or elimination shall not adversely affect the interests of the Holders of Securities neither (i) apply to any Security of any series in created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (ii) modify the rights of the Holder of any material respect.such Security with respect to such provision; or (h) to secure the Securities; or

Appears in 1 contract

Sources: Indenture (Semble, Inc.)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person corporation to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the SecuritiesSecurities pursuant to Article Nine and to provide for the adjustment of conversion rights pursuant to Section 16.07; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate provide for uncertificated Securities (so long as any "registration-required obligation" within the issuance meaning of Securities section 163(f)(2) of the Internal Revenue Code of 1986, as amended, is in uncertificated formregistered form for purposes of such section); or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only -------- when there is no Security Outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to add guarantees of the Securities; or (7) to secure the Securities; or (7) 8) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) 9) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b7.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provision with respect to matters or questions arising under this Indenture, provided that such change action shall not adversely affect the -------- interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Centennial Puerto Rico Operations Corp)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the CompanyCorporation, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentures, in form satisfactory to the Trustee, hereto for any of the following purposes: (1) to To evidence the succession of another Person to the Company Corporation, or successive successions, and the assumption by any such successor of the covenants and obligations of the Company in this Indenture Corporation herein and in the SecuritiesSecurities in compliance with Article 8; or (2) to To add to the covenants of the Company Corporation for the benefit of the Holders of all any one or any more series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the CompanyCorporation; or (3) to To add any additional Events of Default for the benefit of the Holders of all any one or any more series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to To add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer formSecurities, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in global form or uncertificated form; or (5) to To add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Outstanding Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor provision, or (Bii) modify the rights of the any Holder of any such Outstanding Security with respect to such provision provision, or (iiB) shall become effective only when there is no such Security then Outstanding; or (6) to secure the Securities; or (7) to To establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) to To evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11 ; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act;; or (10) to cure any ambiguity, mistaketo correct or supplement any provision in this Indenture which may be defective or inconsistent with any other provision in this Indenture, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause (10) shall not adversely affect the interests of the Holders of Securities of any series in any material respect...

Appears in 1 contract

Sources: Indenture (FNB Corp/Pa/)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) 9.1.1 to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) 9.1.2 to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) 9.1.3 to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) 9.1.4 to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) 9.1.5 to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) 9.1.6 to secure the SecuritiesSecurities pursuant to the requirements of Article Ten or otherwise; or (7) 9.1.7 to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 and 3.1; or (8) 9.1.8 to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.11; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) 9.1.9 to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this clause 9.1.9 shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Vale Overseas LTD)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the The Company, when authorized by a Board Resolution, and the Trustee, Trustee at any time and from time to time, may amend this Indenture or enter into one or more indentures supplemental indentureshereto, to be in a form satisfactory to the Trustee, Trustee without notice to or consent of any Securityholder for any of the following purposes: (1) to evidence the succession comply with Section 5.01; or (2) to provide for uncertificated Securities in addition to or in place of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture and in the certificated Securities; or (23) to add to the covenants of the Company Company, for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) ), or to surrender any right or power herein conferred in this Indenture upon the Company; or (34) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of applicable to less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of to be applicable to such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of SecuritiesIndenture, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any become effective only when there is no Security outstanding of any series created prior to the execution of such supplemental indenture and which is entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstandingprovision; or (6) to secure the Securities; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.12.02; or (8) to evidence and provide for the acceptance of appointment under this Indenture by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (107) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture which shall not be inconsistent with any provision of this Indenture, provided that such change other provisions shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Santa Anita Realty Enterprises Inc)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (iA) shall neither (Ai) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (Bii) modify the rights of the Holder of any such Security with respect to such provision or (iiB) shall become effective only when there is no such Security Outstanding; or (6) to secure the SecuritiesSecurities pursuant to the requirements of Section 10.05 or otherwise; or (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.13.01; or (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration appointment of the trusts under this Indenture by more than one Trustee, pursuant to the requirements of Section 6.11(b)6.12; or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be defective or inconsistent with any other provision herein, defect or inconsistency; or (11) to make any changeother provisions with respect to matters or questions arising under this Indenture, provided that such change action pursuant to this Clause (9) shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Canadian National Railway Co)

Supplemental Indentures Without Consent of Holders. Without the consent of any Holders, the Company, when authorized by or pursuant to a Board Resolution, and the Trustee, at any time and from time to time, may enter into one or more indentures supplemental indentureshereto, in form satisfactory to the Trustee, for any of the following purposes: (1) to evidence the succession of another Person to the Company and the assumption by any such successor of the covenants of the Company in this Indenture herein and in the Securities; or; (2) to add to the covenants of the Company for the benefit of the Holders of all or any series of Securities (and if such covenants are to be for the benefit of less than all series of Securities, stating that such covenants are expressly being included solely for the benefit of such series) or to surrender any right or power herein conferred in this Indenture upon the Company; or; (3) to add any additional Events of Default for the benefit of the Holders of all or any series of Securities (and if such additional Events of Default are to be for the benefit of less than all series of Securities, stating that such additional Events of Default are expressly being included solely for the benefit of such series); or; (4) to add to or change any of the provisions of this Indenture to such extent as shall be necessary to permit or facilitate the issuance of Securities in bearer form, registrable or not registrable as to principal, and with or without interest coupons, or to permit or facilitate the issuance of Securities in uncertificated form; or; (5) to add to, change, change or eliminate any of the provisions of this Indenture in respect of one or more series of Securities, provided that any such addition, change, change or elimination (i) shall neither (A) apply to any Security of any series created prior to the execution of such supplemental indenture and entitled to the benefit of such provision nor (B) modify the rights of the Holder of any such Security with respect to such provision or (ii) shall become effective only when there is no such Security Outstanding; or; (6) to secure the Securities; or; (7) to establish the form or forms or terms of Securities of any series as permitted by Sections 2.1 2.01 and 3.1; or3.01; (8) to evidence and provide for the acceptance of appointment under this Indenture hereunder by a successor Trustee with respect to the Securities of one or more series and to add to or change any of the provisions of this Indenture as shall be necessary to provide for or facilitate the administration of the trusts under this Indenture hereunder by more than one Trustee, pursuant to the requirements of Section 6.11(b); or (9) to comply with any requirements of the Commission in connection with qualifying this Indenture under the Trust Indenture Act; (10) to cure any ambiguity, mistaketo correct or supplement any provision herein which may be inconsistent with any other provision herein, defect or inconsistency; or (11) to make any change, other provisions with respect to matters or questions arising under this Indenture; provided that such change action shall not adversely affect the interests of the Holders of Securities of any series in any material respect.

Appears in 1 contract

Sources: Indenture (Chittenden Corp /Vt/)