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

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate, as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor Trustee, successor Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent or facilitate the administration of the trusts under this Indenture by more than one Trustee; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hj) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jk) to provide for or confirm the issuance of additional Notes in accordance with the limitations set forth in pursuant to this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (ml) to comply with the rules of any applicable securities depositary in a manner that the Depositary, so long as such amendment does not adversely affect the rights of any HolderHolder in any material respect. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture, the Notes or the Note Guarantees; (b) to provide for the assumption by a Successor Company of the obligations of the Company or a Guarantor under this Indenture and the Notes pursuant to Article 11; (c) to add one or more guarantees with respect to the Notes; (d) to secure the NotesNotes or the Note Guarantees; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or the Guarantors under this Indenture, the Notes or the Note Guarantees; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jh) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (i) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount or a Minimum Specified Amount, or eliminate the Company’s right to elect a Settlement Method; provided that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions in Section 14.02; (j) to make PIK Payments (including to issue PIK Notes) or facilitate the same; (k) to make provisions with respect to conversion rights of the Holders pursuant to Section 14.07 in accordance with the applicable provisions of this Indenture; (l) to irrevocably elect or eliminate one comply with the rules of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Depositary; or (m) to comply with evidence the rules release of any applicable securities depositary Guarantor from its Note Guarantee in a manner that does not adversely affect the rights of any Holderaccordance with this Indenture. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, mistake, defect error or inconsistency; (b) to provide for the assumption by a Successor Company of the Company’s or any Note Guarantor’s obligations to Holders of the Company under this Indenture and Notes in the Notes case of a consolidation, amalgamation, or merger or sale of all or substantially all of the Company’s or a Note Guarantor’s assets pursuant to Article 11the terms of this Indenture; (c) to add guarantees additional Note Guarantees with respect to the NotesNotes or to confirm and evidence the release, termination or discharge of any Note Guarantee with respect to such Notes when such release, termination or discharge is permitted under this Indenture; (d) to secure the NotesNotes or the related Note Guarantees or to add additional assets as Collateral; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.0714.08; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (li) to comply with the rules of the Depositary; (j) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; or (k) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election permitted by this Indenture and/or irrevocably (or deemed election of for any Settlement Method or specified period) elect a minimum Specified Dollar Amount has been effectedAmount, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does which shall not adversely affect the rights of any Holderbe less than $1,000. Upon the written request of the Company, the Trustee is and the Notes Collateral Agent, if applicable, are hereby authorized to join with the Company and the Note Guarantors, if applicable, in the execution of any such amended or supplemental indenture, indenture or amendment or supplement to the other Notes Documents authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee or the Notes Collateral Agent, if applicable, shall not be obligated to, but may, to enter into any such amended or supplemental indenture or amendment or supplement to the other Notes Documents that affects the Trustee’s its own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Notwithstanding the foregoing, no Opinion of Counsel shall be required in connection with the addition of a Note Guarantor under this Indenture upon (i) execution and delivery by such Note Guarantor and the Trustee and the Notes Collateral Agent of a supplemental indenture to this Indenture, the form of which is attached as Exhibit D hereto, and (ii) delivery of an Officer’s Certificate complying with the provisions of Section 17.05 hereof. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Note Guarantors, if applicable, the Trustee and the Trustee Notes Collateral Agent, if applicable, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder of the Notes, the Company, when authorized by the resolutions of the a Board of Directors Resolution, and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more supplemental indentures, in form satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyevidence the succession of another Person to the Company as obligor under this Indenture; (b) to evidence and provide for the assumption by acceptance or appointment of a Successor Company successor Trustee with respect to the Notes or facilitate the administration of the obligations of the Company trusts under this Indenture and the Notes pursuant to Article 11by more than one Trustee; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders of the Notes or to surrender any right or power conferred upon the CompanyCompany in this Indenture, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (d) to add or eliminate additional Events of Default; (e) to cure any ambiguity, defect or inconsistency in this Indenture, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (f) to conform the text of this Indenture or the Notes to any provision of the “Description of Notes” in the prospectus supplement applicable to the Notes at the time of the initial sale thereof; (g) to secure the Notes or add obligors or collateral; (h) to establish the form of any Securities and to provide for the issuance of any series of Securities under the Base Indenture and to set forth the terms thereof; (i) to provide for additional Notes; (j) to provide for the issuance of Notes in uncertificated form in addition to or in place of certificated Notes; (k) 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 a supplemental indenture making such addition, change or elimination 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; (l) to make any amendment to the provisions of this Indenture relating to the transfer and legending of Notes; provided, however, that (a) compliance with this Indenture as so amended would not result in Notes being transferred in violation of applicable securities law and (b) such amendment does not materially and adversely affect the rights of Holders to transfer Notes; (m) to make any change that does not adversely affect the rights of any HolderHolder of Notes in any material respect as determined in good faith by the Company and evidenced by an Officers’ Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hn) to conform the provisions qualify or maintain qualification of this Indenture or under the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Trust Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Act; or (mo) to comply with the rules and regulations of any applicable securities depositary in a manner that does not adversely affect exchange or automated quotation system on which the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that Notes may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities listed or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02traded.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyCompany and the Guarantors, when authorized by the resolutions of the Board each of Directors their respective Boards of Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company or the Guarantors under the Notes, this Indenture and or the Notes Guarantee pursuant to Article 11; (c) to add additional guarantees and/or guarantors with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company or the Guarantors for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or the Guarantors; (f) to make any change that does not adversely affect the rights of any Holder; (g) to adjust the Exchange Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or to facilitate the administration of the trusts by more than one trustee; (i) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; (j) to reflect the issuance of additional Notes as permitted by the Indenture; (k) to make any changes or modifications necessary in connection with the registration of the Notes under the Securities Act; provided, however, that such action does not adversely affect the interests of the Holders of Notes in any material respect; (l) to make any amendments or changes necessary to comply or maintain compliance with the Trust Indenture Act, if applicable; or (m) in connection with any Share Exchange EventSpecified Transaction, to provide that the Notes are convertible into exchangeable for Reference Property, subject to the provisions of described in Section 14.02, and make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in under this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is hereby authorized to to, and shall join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (k) to make provisions with respect to conversion rights of the Holders of the Notes as required under this Indenture; (l) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions described in Article 14; or (m) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon on the Company; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to increase the Conversion Rate as provided in this Indenture; (i) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or facilitate the administration of the trusts under this Indenture by more than one trustee; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount or a range of Specified Dollar Amounts, or eliminate the Company’s right to elect a Settlement Method provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note surrendered pursuant to Article 14; or (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon On the written request of the Company, the Trustee is hereby authorized to to, and shall, join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) increase the Conversion Rate as provided in this Indenture; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding Section 10.02, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at Trustee may amend or supplement this Indenture and the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes to: (a) to cure any ambiguity, omission, defect ambiguity or inconsistencyomission or to correct or supplement any provision contained in this Indenture or the Notes which may be defective or inconsistent with any other provision in this Indenture or the Notes in a manner that does not adversely affect any Holder in any material respect as set forth in an Officer’s Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and or the Notes pursuant to in accordance with Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes or guarantees that may be added; (e) increase the Conversion Rate of the Notes; (ef) irrevocably select a Settlement Method or Specified Dollar Amount, or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any Holder, as determined in good faith by the Board of Directors and evidenced by a resolution of the Board of Directors delivered to the Trustee; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.02 and Section 14.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor Trustee; provided that the successor Trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum;; or (il) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, may enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect as determined by the Company in good faith; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that (1) no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of Article 14, and (2) such irrevocable election or elimination can in no event result in a Specified Dollar Amount of less than $1,000 per $1,000 principal amount of Notes applying to the conversion of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, benefits, privileges, liabilities powers, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Reference Entity and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture any amendment, supplement or indentures supplemental hereto waiver for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company or other successor corporation of the obligations of the Company or the Reference Entity under this Indenture and the Notes pursuant to Article 1111 or Section 14.04, including pursuant to a Spin-Off, Split-Off, Share Election Merger or Permitted HoldCo Transaction; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not materially adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into or exchangeable for Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) in connection with any transaction described under Section 11.05, to make changes to the terms of the Notes solely to reflect any Successor Holding Company Reference Entity’s status as the Reference Entity; (i) in connection with any Reverse Spin-Off, to make changes to the terms of the Notes (including, without limitation, to provide that the Notes are exchangeable for Spin-Off Exchangeable Baskets) in accordance with Section 14.04(c); (j) in connection with any Reverse Split-Off, to make changes to the terms of the Notes (including, without limitation, to provide that the Notes are exchangeable for Split-Off Exchangeable Baskets) in accordance with Section 14.04(e); (k) in connection with any Share Election Merger, to make changes to the terms of the Notes (including, without limitation, to provide that the Notes are exchangeable for Share Election Merger Exchangeable Baskets) in accordance with Section 14.04(f); or (l) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company and the Reference Entity in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the . The Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Reference Entity and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, Company (when authorized by the resolutions of the Board of Directors Directors) and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase provide for the Conversion Rate issuance of additional Notes as provided in permitted under this Indenture; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderHolder under the Indenture or the Notes in any material respect; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of notes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanySection 901 of the Base Indenture shall not apply with respect to the Securities, and this Section 8.01 shall replace Section 901 of the Base Indenture in its entirety. Without the consent of any Holder, the Company (when authorized by a Board Resolution), the resolutions of the Guarantor (when authorized by a Board of Directors Resolution) and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyconform the provisions of the Indenture to the “Description of the Notes” section in the Offering Memorandum; (b) to evidence the succession and to provide for the assumption by a Successor Company successor Person of the obligations of Company’s or the Company Guarantor’s obligations, as applicable, under this Indenture and the Notes pursuant to Indenture, the Securities or the Guarantee in accordance with Article 119 hereof; (c) to add additional guarantees with respect to the NotesSecurities and to remove such additional guarantees in accordance with the terms of the Indenture and the Securities; (d) to secure the NotesSecurities, the Guarantee or any additional guarantee; (e) to increase the Exchange Rate of the Securities; (f) to add to the Company’s or the Guarantor’s covenants such further covenants, restrictions or Events of Default of the Company conditions for the benefit of the Holders (or any other holders) or surrender any right or power conferred upon the CompanyCompany or the Guarantor, as applicable, by the Indenture; (fg) to cure any ambiguity, omission, defect or inconsistency in the Indenture, the Securities or the Guarantee or to make any other change that does not adversely affect the rights of any Holder; (g) Holder in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07material respect; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandumprovide for a successor Trustee; (i) to increase irrevocably select a Settlement Method or Specified Dollar Amounts, or eliminate the Conversion Rate as provided in this Indenture;Company’s right to choose a particular Settlement Method, on exchange of the Securities; or (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request Applicable Procedures of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02Depository.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) comply with the rules of the Depositary; (j) permit for the issuance of additional Notes in accordance with this Indenture; (k) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (l) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably (or for any specified period) elect a minimum Specified Dollar Amount; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) , such conforming change to increase the Conversion Rate as provided be evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout notice to or the consent of any Holder, when authorized by the resolutions Company may, with the consent of the Board of Directors and the Trustee, at the Company’s expense, may any time and from time to time and at time, amend or supplement this Indenture or the Notes, in form satisfactory to the Trustee, for any time enter into an indenture or indentures supplemental hereto for one or more of the following purposespurposes to: (a) to cure any ambiguityevidence the assumption of its obligations under the Indenture and the Notes by a successor upon its consolidation or merger or the sale, omissiontransfer, defect lease, conveyance or inconsistencyother disposition of all of or substantially all of its property or assets in accordance with the Indenture; (b) make adjustments in accordance with this Indenture to provide for the assumption by a Successor Company of right to convert the obligations of Notes upon certain reclassifications in its Common Stock and certain consolidations, mergers, and binding share exchanges involving the Company under this Indenture and upon the Notes pursuant to Article 11sale, transfer, lease, conveyance or other disposition of all or substantially all of its property or assets; (c) to add guarantees with respect to to, or secure its obligations in respect of, the Notes; (d) to secure the Notes; (e) to add to the its covenants or Events of Default of the Company for the benefit of the Holders or to surrender any right or power conferred upon the Company; (e) cure any ambiguity, defect, omission or inconsistency in this Indenture; (f) comply with the requirements of the Commission in order to effect or maintain the qualification of this Indenture under the Trust Indenture Act as in effect on the date on which this Indenture is qualified thereunder; (g) to pay interest in accordance with the terms of this Indenture; (h) make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumIndenture; (i) to increase provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, or Conversion Rate as provided in this IndentureAgent; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized ; or (k) to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by conform the provisions of this Section 10.01 may be executed by Indenture or the Company and Notes to the Trustee without the consent “Description of Notes” section of the Holders of any Prospectus to the extent that such provision in the “Description of the Notes at the time outstanding, notwithstanding any Notes” was intended (as evidenced by an Officers’ Certificate of the provisions Company) to be a verbatim recitation of Section 10.02a provision of this Indenture or the Notes.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder other than as permitted or required by this Indenture; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) ; to add guarantees with respect to the Notes; (dc) to secure the Notes; (ed) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) ; to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (ge) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hf) to conform comply with the provisions rules of this Indenture or any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the Notes to the “Description rights of Notes” section of the Offering Memorandumany Holder in any material respect; (ig) to appoint a successor trustee with respect to the Notes; (h) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture, to the extent that the Company deems such amendment necessary or advisable in connection with such issuance; provided that no such amendment or supplement may impair the rights or interests of any Holder of Notes; (j) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (k) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agent, bid solicitation agent Paying Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;trustee; or (l) to irrevocably elect or eliminate one provide for the conversion of Notes to satisfy the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described Company’s Conversion Obligation in Section 14.02(a)(iii)(B); or (m) to comply accordance with the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderthis Indenture. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding anything to the contrary in this Article 10, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) enter into supplemental indentures pursuant to, and in accordance with, the provisions described in Section 14.07 in connection with any Share Exchange a Common Stock Change Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (jh) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (li) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount or a Minimum Specified Amount, or eliminate the Company’s right to the extent elect a Settlement Method; provided that no such election or deemed election of elimination will affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described deemed to be elected) with respect to any Note pursuant to the provisions in Section 14.02(a)(iii)(B)14.02; (j) to conform the provisions of this Indenture or the Notes to any provision of the pricing term sheet delivered to holders on or about September 30, 2024, as certified by the Company in an Officer’s Certificate; (k) to make provisions with respect to conversion rights of the Holders pursuant to Section 14.07 in accordance with the applicable provisions of this Indenture; or (ml) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderDepositary. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding Section 10.02, without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Guarantors (if applicable) and the TrusteeTrustee may amend or supplement this Indenture, at the Company’s expense, may from time to time and at any time enter into an indenture Notes or indentures supplemental hereto for one or more of the following purposesNote Guarantees to: (a) to cure any ambiguityambiguity or to correct or supplement any provision contained in this Indenture, omissionthe Notes or the Note Guarantees which may be defective or inconsistent with any other provision in this Indenture, defect the Notes or inconsistencythe Note Guarantees; (b) to provide for the assumption by a Successor Company of the obligations of the Company or any Guarantor under this Indenture and Indenture, the Notes pursuant to or the Note Guarantees in accordance with Article 11; (c) to add additional guarantees with respect to the Notes; (d) to secure the Notes; (e) increase the Conversion Rate of the Notes; (f) select a Settlement Method or Specified Dollar Amount, or eliminate the Company’s right to choose a particular Settlement Method, on conversion of Notes; (g) add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or make changes that would provide additional rights to Holders or surrender any right or power conferred upon the Company; (fh) to make any change that does not adversely affect the rights of any Holder, as determined in good faith by the Board of Directors and evidenced by a resolution of the Board of Directors delivered to the Trustee; (gi) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0214.02 and Section 14.07, and make such certain related changes to the terms of this Indenture and the Notes to the extent expressly required by Section 14.07this Indenture; (hj) evidence and provide for the acceptance of an appointment under this Indenture of a successor trustee; provided that the successor trustee is otherwise qualified and eligible to act as such under the terms of this Indenture as set forth in an Officer’s Certificate; (k) conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum;; or (il) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B2.10(a); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the The Trustee is hereby authorized to join with the Company in the execution of any such supplemental indentureamendment, supplement or waiver, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture amendment, supplement or waiver that adversely affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture amendment, supplement or waiver to this Indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect mistake, defect, error or inconsistency; (b) to provide for the assumption by a Successor Company of the Company’s or any Note Guarantor’s obligations to Holders of the Company under this Indenture and Notes in the Notes case of a consolidation, amalgamation, or merger or sale of all or substantially all of the Company’s or a Note Guarantor’s assets pursuant to Article 11the terms of this Indenture; (c) to add guarantees additional Note Guarantees with respect to the NotesNotes or to confirm and evidence the release, termination or discharge of any Note Guarantee with respect to such Notes when such release, termination or discharge is permitted under this Indenture; (d) to secure the NotesNotes or the related Note Guarantees or to add additional assets as Collateral; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in a Note; (h) to provide for the acceptance of appointment by a successor Trustee or facilitate the administration of the trusts under this Indenture by more than one Trustee; (i) to comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (j) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;; or (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or make provisions with respect to conversion agent or facilitate the administration rights of the trusts Holders of the Notes as required under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does and which do not adversely affect the conversion rights of any HolderNotes. Upon the written request of the Company, the Trustee is and the Notes Collateral Agent, if applicable, are hereby authorized to join with the Company and the Note Guarantors, if applicable, in the execution of any such amended or supplemental indenture, indenture or amendment or supplement to the other Notes Documents authorized or permitted by the terms of this Indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee or the Notes Collateral Agent, if applicable, shall not be obligated to, but may, to enter into any such amended or supplemental indenture or amendment or supplement to the other Notes Documents that affects the Trustee’s its own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise, in which case the Trustee or the Notes Collateral Agent, as the case may be, may in its discretion, but shall not be obligated to, enter into such supplemental indenture. Notwithstanding the foregoing, no Opinion of Counsel shall be required in connection with the addition of a Note Guarantor under this Indenture upon (i) execution and delivery by such Note Guarantor and the Trustee and the Notes Collateral Agent of a supplemental indenture to this Indenture, the form of which is attached as Exhibit B hereto, and (ii) delivery of an Officer’s Certificate complying with the provisions of Section 17.05 hereof. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Note Guarantors, if applicable, the Trustee and the Trustee Notes Collateral Agent, if applicable, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyCompany and Subsidiary Guarantors, when authorized by the resolutions of the Board of Directors of the Company, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and pursuant to Article 11, or to provide for the Notes assumption by a Successor Subsidiary Guarantor of the obligations of a Subsidiary Guarantor under this Indenture pursuant to Article 11; (c) to add guarantees or collateral with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to provide for the conversion of Notes in accordance with the terms of this Indenture; (g) to make any change that does not adversely affect the rights of any Holder; (gh) to comply with any requirement of the Securities and Exchange Commission with any qualification of this Indenture under the Trust Indenture Act (if the Company elects to qualify this Indenture under the Trust Indenture Act); (i) to comply with the applicable procedures of the Depositary; (j) to increase the Conversion Rate as provided in this Indenture; (k) to provide for the appointment of a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee, in each case, in accordance with this Indenture; (l) to irrevocably elect or eliminate the right to elect a Settlement Method or irrevocably elect a Specified Dollar Amount; provided, however, that no such election or elimination will affect the Settlement Method applicable to any conversion whose Conversion Date occurs before such election or elimination; (m) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and to make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07Notes; (hn) to conform the provisions of release Collateral as explicitly permitted by this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumSecurity Documents; (io) to increase subordinate the Conversion Rate as provided Liens on the Collateral in this Indenture; (j) to provide for the issuance of additional Notes in accordance connection with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary Permitted Refinancing in a manner reasonably acceptable to Holders of at least a majority of the of the aggregate principal amount of the Notes then outstanding; provided that does not no Holder shall be adversely affect affected in a manner different from any other Holder; and (p) to add to the rights covenants of the Company for the benefit of the Holders or to surrender any Holderright or power herein conferred upon the Company or any Subsidiary. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02. After any supplemental indenture under this Section 10.01 becomes effective, the Company shall deliver to the Holders a notice briefly describing such supplemental indenture. However, the failure to give such notice to all the Holders, or any defect in the notice, will not impair or affect the validity of the supplemental indenture.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.03, without the consent of any Holder, the Company, when authorized by the resolutions of the a Board of Directors Resolution, and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form reasonably satisfactory to the Trustee and the Company and/or amend the Notes, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the Company’s obligations of the Company under this Indenture and the Notes by a successor pursuant to Article 11VIII; (c) to provide any security for or add guarantees with respect to the Notes; (d) to secure the Notesissue Additional Notes pursuant to Section 2.13; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to give effect to Section 5.05 in connection with a Common Stock Change Event; (g) to make any other change that does not adversely affect in any material respect the rights of any HolderHolder of outstanding Notes (other than any Holder that consents to such change); (gh) to comply with any requirement of the SEC in connection with any Share Exchange Eventqualification of this Indenture under the Trust Indenture Act of 1939, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, as amended and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07then in effect; (hi) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) Company’s preliminary offering memorandum dated June 6, 2022 relating to increase the Conversion Rate offering of the Notes, as provided in this Indenturesupplemented by the Company’s pricing term sheet dated June 6, 2022 relating thereto; (j) irrevocably elect or eliminate any Settlement Method or Specified Dollar Amount; provided, however, that (i) no such election or elimination will affect any Settlement Method theretofore elected (or deemed to provide for be elected) with respect to any Note pursuant to Section 5.03(a); and (ii) such irrevocable election or elimination can in no event result in a Specified Dollar Amount of less than $1,000 per $1,000 principal amount of Notes applying to the issuance conversion of additional Notes in accordance with the limitations set forth in this Indentureany Note; (k) to evidence or provide for the acceptance of the appointment by of a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;Trustee; or (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request Applicable Procedures of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02Depositary.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an Irrevocable Election); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, the Company and the Guarantors, when authorized by the resolutions of the Board their respective Boards of Directors (or similar governing body) and the Trustee, at the Company’s sole expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes in writing for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company successor Person of the obligations of the Company or a Guarantor under this Indenture and or the Notes pursuant in accordance with this Indenture or to Article 11provide for the release of any Guarantor in accordance with Section 13.10; (c) to add additional guarantees with respect to the Notes; (d) to secure the NotesNotes or the Guarantees; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that that, as determined by the Board of Directors of the Company in good faith, does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase the Conversion Rate as provided in this Indenture[reserved]; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent or Conversion Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) [reserved]; (m) increase the Conversion Rate as provided in this Indenture; or (n) to make any change to comply with rules of the Depositary, so long as such change does not adversely affect the rights of any Holder, as certified in good faith by the Company in an Officer’s Certificate. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is hereby authorized to to, and shall, join with the Company and the Guarantors in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the TrusteeTrustee and/or the Collateral Agent, as the case may be, at the Company’s expense, may from time to time and at any time enter into an indenture amend, supplement or indentures supplemental hereto waive any provision of the Indenture Documents without the consent of any Holder for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in a manner that does not adversely affect holders of the Notes; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 or to provide for the assumption by a successor entity of the obligations of a Guarantor under this Indenture and its Note Guarantee pursuant to Article 16; (c) to add guarantees with respect to the Notes; (d) to secure release any Guarantor from its obligations under its Note Guarantee or this Indenture in accordance with the terms of the Indenture Documents; (e) to add additional assets as Collateral or to enter into additional or supplemental Security Documents; (f) to release Collateral in accordance with the terms of this Indenture and the Security Documents; (g) to make, complete or confirm any grant of Collateral permitted or required by this Indenture or any of the Security Documents or any release of Liens in favor of the Collateral Agent in the Collateral in accordance with the terms of this Indenture or the Security Documents; (h) to allow any Guarantor to execute a supplemental indenture and/or a Note Guarantee with respect to the Notes; (ei) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under the Indenture; (fj) to make any change that does not adversely affect the rights of any Holder; (gk) to adjust the Conversion Rate as provided in Article 14; (l) to provide for the issuance of Additional Notes and PIK Payments in accordance with the limitations set forth in this Indenture; (m) to provide for the acceptance or appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (n) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0714.08; (ho) to conform amend the provisions of this Indenture solely to facilitate (a) the deposit of one or more registered notes in global form with DTC, (b) the qualification of one or more Global Notes to for settlement through the “Description facilities of Notes” section DTC and / or (c) the exchange of Physical Notes for beneficial interests representing an equivalent principal amount in a Global Note, registered in the Offering Memorandum; (i) to increase the Conversion Rate as provided name of DTC, or its nominee, in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trusteeeach case, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect Holders of the rights of any HolderNotes; or (p) to supplement the Indenture in accordance with Section 4.15. Upon the written request of the Company, the Trustee and/or the Collateral Agent, as the case may be, is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenturedocument reflecting the amendment, supplement or waiver to the applicable Indenture Document, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee and/or the Collateral Agent shall not be obligated to, but may, may enter into any supplemental indenture such amendment, supplement or waiver that affects the Trustee’s and/or Collateral Agent’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture such document reflecting the amendment, supplement or waiver to the applicable Indenture Document authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions of Article 14; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expenseexpense and direction, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect inconsistency or inconsistencycorrect or supplement any defective provision contained in this Indenture or the Notes in a manner that does not adversely affect the rights of any Holder; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 (Consolidation, Merger, Sale, Conveyance and Lease); (c) to add guarantees with respect to the Notes; (d) to otherwise secure the Notes; (e) to add to the covenants or Events of Default Defaults of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect upon the rights occurrence of any Holder;transaction or event described in Section 13.08(a) (Effect of Recapitalizations, Reclassifications and Changes of the Ordinary Shares), to (gi) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to Section 13.08 (Effect of Recapitalizations, Reclassifications and Changes of the provisions of Section 14.02Ordinary Shares), and make such and (ii) effect the related changes to the terms of the Notes described under Section 13.08(a), in each case, in accordance with Section 13.08 (Effect of Recapitalizations, Reclassifications and Changes of the Ordinary Shares); (g) to evidence and provide for the extent expressly required assumption by Section 14.07a successor trustee of the obligations of the Trustee under this Indenture pursuant to Article 7 (Concerning the Trustee); (h) to conform the provisions of effect any change to this Indenture in a manner necessary to comply with the procedures of Euroclear or the Notes to the “Description of Notes” section of the Offering Memorandum;Clearstream; or (i) to increase the Conversion Rate as provided in this Indenture; (j) make any other changes to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does do not adversely affect the rights interests of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.0210.02 (Supplemental Indentures with Consent of Holders).

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) comply with the rules of the Depositary; (j) permit for the issuance of additional Notes in accordance with this Indenture; (k) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (l) irrevocably elect any Settlement Method (including Combination Settlement with a Specified Dollar Amount per $1,000 principal amount of Notes of $1,000 or with an ability to continue to set the Specified Dollar Amount per $1,000 principal amount of Notes at or above any specific amount set forth in such election notice) or Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method, or change the Settlement Method deemed elected by the Company if the Company does not timely elect a Settlement Method applicable to a conversion; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) , such conforming change to increase the Conversion Rate as provided be evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Issuer and the TrusteeTrustee may, at the Company’s expense, may from time to time time, and at any time enter into an a supplemental indenture or indentures supplemental hereto (a “Supplemental Indenture”) without the consent of the Holders of any series of Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyevidence a successor to the Issuer as obligor; (b) to provide add to the covenants of the Issuer for the assumption by a Successor Company benefit of the obligations Holders of the Company under Notes or to surrender any right or power conferred upon the Issuer in this Indenture and or in the Notes pursuant to Article 11Notes; (c) to add guarantees with respect to Events of Default for the benefit of the Holders of the Notes; (d) to amend or supplement any provisions of this Indenture; provided, that no amendment or supplement shall materially adversely affect the interests of the Holders of any Notes then outstanding; (e) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by of a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent Trustee or facilitate the administration of the trusts under this Indenture by more than one trustee Trustee; (g) to provide for rights of Holders of Notes if any consolidation, merger or paying agentsale of all or substantially all of property or assets of the Issuer occurs; (h) to cure any ambiguity, defect or inconsistency in this Indenture; provided, that this action shall not adversely affect the interests of the Holders of the Notes in any material respect; (i) to provide for the issuance of Additional Notes in accordance with the limitations set forth in this Indenture and the relevant Supplemental Indenture; (j) to establish the form or terms of the Debt Securities of any series as permitted by Sections 2.01 and 2.02; (k) to supplement any of the provisions of this Indenture to the extent necessary to permit or facilitate defeasance and discharge of any of the Debt Securities; provided, that the action shall not adversely affect the interests of the Holders in any material respect; or (l) to irrevocably elect conform the text of this Indenture or eliminate one the Debt Securities to any provision of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount description thereof set forth in the Prospectus to the extent that no election such provision in the Prospectus was intended to be a verbatim recitation of a provision in this Indenture or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderDebt Securities. Upon the written request of the CompanyIssuer, accompanied by a copy of the resolutions of the Issuer authorizing the execution of any Supplemental Indenture, the Trustee is hereby authorized to join with the Company Issuer in the execution of any such supplemental indentureSupplemental Indenture, to make any further appropriate agreements and stipulations that may be therein containedcontained and to accept the conveyance, transfer and assignment of any property thereunder, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture Supplemental Indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture Supplemental Indenture authorized by the provisions of this Section 10.01 9.01 may be executed by the Company Issuer and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by its organizational documents or, if required by such organizational documents, the resolutions of the Board of Directors Directors, the Trustee and the TrusteeInformation Agent (as applicable), at the Company’s expense, may from time to time and at any time time, without the consent of any Holder, enter into an indenture or indentures supplemental hereto or an amendment, modification or supplement to any other Transaction Document for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 hereof; (c) to add guarantees additional guarantors with respect to the NotesNotes or to release any Guarantor’s Guarantee to the extent permitted under this Indenture or any of the Transaction Documents; (d) to secure make, complete, confirm or add any grant of Collateral permitted or required by this Indenture or any of the NotesTransaction Documents, or any release of Collateral that is permitted under this Indenture or any of the Transaction Documents; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform increase the provisions of this Indenture Conversion Rate pursuant to Section 14.03, Section 14.04 or the Notes to the “Description of Notes” section of the Offering MemorandumSection 14.05; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes solely in accordance with the limitations set forth in this Indenture; (kj) to provide for the acceptance of appointment by a successor trusteetrustee pursuant to Article 7, or by a successor security registrar, paying agent, bid solicitation agent or conversion agent pursuant to this Indenture or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or any other Transaction Document to any corresponding provision of the Term Loan Agreement or any other Credit Document (as defined in the Term Loan Agreement) to the extent that any covenant, event of default or other term or provision in the Term Loan Agreement or any other Credit Document (as defined in the Term Loan Agreement) is amended, supplemented or modified, other than in contemplation of or in connection with any refinancing or other transaction as a result of which the Original Holders would own less than 50% of the Term Loan. This provision shall not apply following any refinancing (including, without limitation, any Permitted Refinancing) of the Term Loan Agreement. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is and the Information Agent (as applicable) are hereby authorized and required to join with the Company in the execution of any such supplemental indentureindenture or any such amendment, modification, supplement or joinder to any other Transaction Document, to make any further appropriate agreements and stipulations that may be therein contained, and as applicable the Company may direct the Trustee to direct the Collateral Trustee to amend, modify, supplement or execute any joinder to any Notes Security Document in compliance with the foregoing provisions, but the Trustee and the Information Agent (as applicable) shall not be obligated to, but maymay in their discretion, enter into any supplemental indenture or other agreement that affects the Trustee’s, or the Information Agent’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture or other agreement authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Trustee and the Trustee Information Agent (as applicable) without the consent of the Holders of any of the Notes at the time outstandingOutstanding, notwithstanding any of the provisions of Section 10.0210.02 or any other term in any other Transaction Document.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder‎‎Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency;inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11; (c) to add guarantees with respect to the Notes;Notes; (d) to secure the Notes;Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company;Company under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder;, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) increase the Conversion Rate as provided in this Indenture; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate Prospectus, as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;an Officers’ Certificate; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration comply with any requirements of the trusts under Commission or any successor in connection with the qualification of this Indenture by more than one trustee or paying agent;under the Trust Indenture Act, or (l) to irrevocably elect or eliminate one of appoint a successor trustee for the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNotes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but unless such supplement affects the Trustee’s duties or immunities under the Indenture or otherwise, in which case the Trustee may, in its discretion, but shall not be obligated to, but may, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwiseindenture. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; provided, however, that (i) no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02 and (ii) such irrevocable election or elimination can in no event result in a Specified Dollar Amount of less than $1,000 per $1,000 principal amount of Notes applying to the conversion of any Note; (h) in connection with any Share Exchange Event, to provide that the Notes are convertible into units of Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hi) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mj) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderDepositary. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount (or a minimum Specified Dollar Amount); provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed elected) with respect to any Note pursuant to Section 14.02; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum[reserved]; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may may, along with the Trustee, from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this the Indenture and the Notes pursuant to Article 1110; (c) to add guarantees with respect to the Notes; (d) to provide for the issuance of additional Notes; (e) to secure the Notes; (ef) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (fg) to make any change that does not adversely affect the rights of any Holder, as confirmed by an Officer’s Certificate delivered to the Trustee; (gh) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0211.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum;11.07; or (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effectedAmount; provided, all as described in however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder11.02. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 9.02 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.029.03.

Supplemental Indentures Without Consent of Holders. The CompanyWithout notice to or the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, mistake, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to to, and in compliance with, the provisions of Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect any of the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase the Conversion Rate as provided in this Indenturereserved; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect a Settlement Method (including Combination Settlement with a Specified Dollar Amount per $1,000 principal amount of Notes of $1,000 or with an ability to continue to set the Specified Dollar Amount per $1,000 principal amount of Notes at or above any specific amount set forth in such election notice) or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iv)), or change the Default Settlement Method, in each case solely to the extent that the elected (or remaining) Settlement Method is one that the Indenture would permit the Company to make at such time with respect to all future conversions of Notes; provided, however, that no such election, elimination or change will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions of Article 14); or (m) increase the Conversion Rate as provided in this Indenture. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, to enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent trustee or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee, in each case, with respect to the Notes; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mk) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; or (l) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Circular. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum and as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount, provided, however, that no such election or elimination will affect any settlement method theretofore elected (or deemed elected) with respect to any Note pursuant to the provisions of Article 14; (m) increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees or co-obligors with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) to conform provide for the provisions acceptance of appointment by a successor Trustee in accordance with this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumIndenture; (i) to increase comply with the Conversion Rate rules of any applicable Depositary, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to provide permit for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration comply with any requirement of the trusts under Commission in connection with the qualification of this Indenture by more than one trustee or paying agentunder the Trust Indenture Act so long as such amendment does not adversely affect the rights of any Holder in any material respect; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a minimum Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Amount; or (m) to comply with conform the rules provisions of any applicable securities depositary in a manner that does not adversely affect this Indenture or the rights Notes to the “Description of any Holdernotes” section of the Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default Defaults of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;this Indenture (h) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee (i) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount; or (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Prospectus, as evidenced by an Officer’s Certificate; (h) comply with any requirement of the Commission in connection with the qualification of the Indenture under the Trust Indenture Act; (i) to increase the Conversion Rate as provided in Article 14; (j) provide for the issuance of additional Notes in accordance with the limitations set forth in Section 2.10. (k) to provide for the acceptance or appointment of a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (l) irrevocably elect one or more, or eliminate any of, the settlement methods or irrevocably select a Specified Dollar Amount; or (m) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required contemplated by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in a material respect; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect one or more particular Settlement Methods as permitted under this Indenture; (j) in connection with any Share Exchange Common Stock Change Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02as provided, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hk) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder of Notes; (l) comply with any requirement of the Commission relating to the qualification of this Indenture under the Trust Indenture Act of 1939, as amended; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act, if applicable) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hj) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder; (k) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; Memorandum (i) to increase the Conversion Rate as provided for in this Indenture; (j) to provide for an Officer’s Certificate delivered by the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Company to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (ml) to comply with any requirement of the rules Commission in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto (which shall conform to the provisions of the Trust Indenture Act as then in effect) for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumProspectus as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; or (n) to comply with any requirements of the rules Commission or any successor in connection with the qualification of any applicable securities depositary in a manner that does not adversely affect this Indenture under the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any mistake, ambiguity, omission, defect or inconsistency, as evidenced to the Trustee in an Officers’ Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;; or (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to amend this Indenture or the Notes to comply with the rules of any applicable securities depositary, including the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note in accordance with Section 14.02; (k) to provide for the issuance of additional Notes; (l) to increase the Conversion Rate as provided in this Indenture; (jm) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by appoint a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent Trustee or facilitate the administration of the trusts under this Indenture by more than one trustee trustee, in each case, with respect to the Notes provide for or paying agentconfirm the issuance of additional notes pursuant to this Indenture; (ln) provide for or confirm the issuance of additional Notes pursuant to this Indenture; and (o) to irrevocably elect permit the qualification of this Indenture or eliminate one any supplemental indenture under the Trust Indenture Act of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected1939, all as described then in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holdereffect. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07the Indenture; (h) comply with any requirement of the Commission in connection with the qualification of this Indenture under the Trust Indenture Act to the extent this Indenture is qualified thereunder; (i) provide for the issuance of additional Notes; (j) provide for the appointment of a successor Trustee, Note Registrar, Paying Agent, Bid Solicitation Agent or Conversion Agent; (k) comply with the rules of any applicable securities depositary in a manner than does not adversely affect the rights of any Holder; (l) to irrevocably elect or eliminate a Settlement Method and/or irrevocably elect a minimum Specified Dollar Amount, including by means of an Irrevocable Settlement Election; provided, however, that no such election or elimination shall affect any Settlement Method heretofore elected (or deemed elected) with respect to any Notes pursuant to Section 14.02(a); (m) to increase the Conversion Rate as provided in this Indenture; or (n) to conform the provisions of this Indenture or and the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance of additional Additional Notes as provided for in accordance with the limitations set forth in Section 2.10 of this Indenture; (kj) to provide for the appointment of and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (k) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (provided that no such election or elimination will affect any Settlement Method previously elected (or deemed to be elected) with respect to any Note); (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by conform the provisions of this Section 10.01 may be executed Indenture or the Notes to any provision of the “Description of Notes” section of the Prospectus, as certified by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.in an Officer’s Certificate; or

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of the Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor Trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary Article 14; provided further, that in a manner that does not adversely affect no event shall the rights Specified Dollar Amount be less than $1,000 per $1,000 principal amount of any HolderNotes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in this Indenture or the Notes, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect add guarantees with respect to the Notes or inconsistencyto secure the Notes; (b) to provide for evidence the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0713.07; (d) to irrevocably elect one Settlement Method or irrevocably eliminate one or more Settlement Methods or irrevocably elect a Specified Dollar Amount to be applicable to Combination Settlements; (e) to surrender any right or power herein conferred upon the Company; (f) to add to the covenants or Events of Default of the Company for the benefit of the Holders; (g) to cure any ambiguity or correct or supplement any defect, mistake or inconsistency in the Indenture; (h) to modify or amend the Indenture to permit the qualification of the Indenture or any indenture supplemental thereto under the Trust Indenture Act; (i) to evidence the acceptance of the appointment under this Indenture of a successor Trustee in accordance with the terms of this Indenture; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance conversion rights of appointment by a successor trustee, registrar, paying agent, bid solicitation agent Holders of Notes if any reclassification or conversion agent or facilitate the administration change of the trusts under this Indenture by more than one trustee Common Stock or paying agentany consolidation, merger or sale or other disposition of all or substantially all of the Company’s assets occurs; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of the Depositary; (m) to change the Conversion Rate in accordance with this Indenture; or (n) to make any applicable securities depositary in a manner change that does not materially adversely affect the rights of any HolderHolder under the Indenture or the Notes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto to the Indenture, or amend the Notes, without the consent of any Holder for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency that does not adversely affect any Holder, or to eliminate any conflict with the terms of the Trust Indenture Act (it being understood that the Trustee shall not be responsible for making any determination as to whether or not such change adversely affects any Holder or eliminates any such conflict); (b) to provide for the assumption by a Successor Company of the Company’s obligations of under the Company under this Indenture and the Notes pursuant to Article 11X; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the Company’s covenants or to Events of Default of the Company for the benefit of the Holders or to surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights under the Indenture of any Holder (it being understood that the Trustee shall not be responsible for making any determination as to whether such adversely affects the rights of any Holder); (g) to increase the Conversion Rate as provided in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07Indenture; (h) to provide for the issuance of additional Notes solely in accordance with the limitations set forth in the Indenture; (i) to comply with requirements of the Commission in order to effect or maintain the qualification of the Indenture under the Trust Indenture Act; (j) to provide for the acceptance of appointment by a successor trustee pursuant to Article Seven of the Base Indenture or to facilitate the administration of the trusts by more than one trustee; (k) to irrevocably elect a Settlement Method or a Specified Dollar Amount; (l) to comply with the Applicable Procedures of the Depositary for the Notes; or (m) to conform the provisions of this the Indenture or the Notes to the “Description of Notes” section in the Prospectus Supplement, related to the offering of the Offering Memorandum; Notes, as evidenced by an Officer’s Certificate (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount which Officer’s Certificate shall be delivered to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(BTrustee); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, accompanied by (i) a certified copy of resolutions of the Board of Directors authorizing the execution of any such supplemental indenture or such amendment to the Notes; (ii) an Officers’ Certificate; and (iii) an Opinion of Counsel stating that the execution of such supplemental indenture or amendment is authorized or permitted by the Indenture, and an Opinion of Counsel in accordance with Section 12.05 of the Base Indenture and stating that such amended or supplemental indenture or amendment will be the legal, valid and binding obligation of the Company in accordance with its terms, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indentureindenture or such amendment, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any unless such supplemental indenture that or amendment affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this the Indenture or otherwise, in which case the Trustee may in its discretion but shall not be obligated to enter into such supplemental Indenture. Any supplemental indenture or amendment authorized by the provisions of this Section 10.01 9.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.029.02. Notwithstanding anything to the contrary in the Indenture or the Notes, this Section 9.01 shall apply to the Notes in lieu of Section 9.01 of the Base Indenture.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as irrevocably elect or eliminate any Settlement Method or Specified Dollar Amount; provided in this Indenturethat no such election or elimination shall affect any Settlement Method (or Specified Dollar Amount) theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02; (j) to comply with the rules of any applicable securities depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (k) to provide for the issuance of additional Notes in accordance compliance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of increase the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all Conversion Rate as described provided in Section 14.02(a)(iii)(B)this Indenture; or (m) to comply evidence or provide for the acceptance of the appointment of a successor trustee in compliance with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderthis Indenture. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall, join with the Company in the execution of any such supplemental indenture, to make any further appropriate amendments, agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities immunities or immunities indemnities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency;inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11; (c) to add guarantees with respect to the Notes;Notes; (d) to secure the Notes;Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company;Company under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder;, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) increase the Conversion Rate as provided in this Indenture; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase Company’s preliminary offering memorandum, dated March 22, 2021, as supplemented by the Conversion Rate related pricing term sheet, dated March 22, 2021, as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;an Officers’ Certificate; (k) to provide appoint a successor trustee for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNotes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but unless such supplement affects the Trustee’s duties or immunities under the Indenture or otherwise, in which case the Trustee may, in its discretion, but shall not be obligated to, but may, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwiseindenture. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor Trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder‎‎Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect add guarantees with respect to the Notes or inconsistencyto secure the Notes; (b) to provide for evidence the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (d) to irrevocably elect one Settlement Method or irrevocably eliminate one or more Settlement Methods or irrevocably elect a Specified Dollar Amount to be applicable to Combination Settlements; (e) to surrender any right or power herein conferred upon the Company; (f) to add to the covenants or Events of Default of the Company for the benefit of the Holders; (g) to cure any ambiguity, omission, defect or inconsistency, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect; (h) to conform modify or amend the Indenture to permit the qualification of the Indenture or any indenture supplemental thereto under the Trust Indenture Act; (i) to establish the form of the Notes, if issued in definitive form; (j) to evidence the acceptance of the appointment under this Indenture of a successor Trustee in accordance with the terms of this Indenture; (k) to provide for uncertificated Notes in addition to or in place of Physical Notes; provided, however, that uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that uncertificated Notes are described in Section 163(f)(2)(B) of the Code; (l) to conform, as necessary, the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate Circular, as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenturean Officer’s Certificate; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply provide for conversion rights of Holders of Notes if any reclassification or change of the Common Stock or any consolidation, merger, consolidation or sale of all or substantially all of the Company’s assets occurs; (n) to change the Conversion Rate in accordance with the rules of this Indenture; or (o) to make any applicable securities depositary in a manner change that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (jl) to provide for the issuance of additional Notes in accordance compliance with the limitations set forth in this Indenture; (km) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent;trustee; or (ln) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent elect a Settlement Method; provided, however, that no such election or deemed election of elimination will affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (mdeemed to be elected) with respect to comply with any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyNotwithstanding anything to the contrary in this Article 10, when authorized by without the resolutions consent of any Holder, the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) enter into supplemental indentures pursuant to, and in accordance with, the provisions described in Section 14.07 in connection with any Share Exchange a Common Stock Change Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with the rules of respect to any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNote pursuant to Article 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including the Company’s option upon an irrevocable election as provided in Section 14.02(a)(iii)); provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency;inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11;11; (c) to add guarantees with respect to the Notes;Notes; (d) to secure the Notes;Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company;Company under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder;, as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) increase the Conversion Rate as provided in this Indenture; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any settlement method theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02; (j) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase Company’s preliminary offering memorandum, dated October 14, 2020, as supplemented by the Conversion Rate related pricing term sheet, dated October 15, 2020, as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture;an Officers’ Certificate; (k) to provide appoint a successor trustee for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderNotes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but unless such supplement affects the Trustee’s duties or immunities under the Indenture or otherwise, in which case the Trustee may, in its discretion, but shall not be obligated to, but may, enter into any such supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwiseindenture. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) comply with the rules of the Depositary; (j) permit for the issuance of additional Notes in accordance with this Indenture; (k) comply with any requirement of the Securities and Exchange Commission in connection with the qualification of this Indenture under the Trust Indenture Act; (l) irrevocably (or for any specified period) elect or eliminate one of the Settlement Methods and/or irrevocably (or for any specified period) elect a minimum Specified Dollar Amount; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) , such conforming change to increase the Conversion Rate as provided be evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11XI; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method and/or Specified Dollar Amount (or a minimum Specified Dollar Amount) or eliminate the Company’s right to elect a Settlement Method; (i) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.10 or to facilitate the administration of the trusts by more than one trustee; (j) in connection with any Share Exchange EventMerger Event described in Section 13.07, to provide that the Notes are convertible into Reference Property, subject to the provisions of described in Section 14.0213.02, and to make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) to make provisions with respect to conversion rights of the Holders required under this Indenture; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notes” in the Offering Memorandum referred to in clause (i) of such definition. With respect to clause (l) above, the supplemental indenture shall describe such conforming changes to the Indenture. The Company shall deliver an Officer’s Certificate to the Trustee that the Company is entering into such supplemental indenture to conform the Indenture to the “Description of Notes” in such Offering Memorandum. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 or for the assumption by a successor Guarantor of the obligations of any Guarantor under this Indenture; (c) to add additional guarantees with respect to the Notes; (d) to secure the NotesNotes or the Guarantees; (e) to add to the covenants or Events of Default of the Company or any Guarantor for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany or any Guarantor; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase comply with the Conversion Rate rules of any applicable securities depositary, including The Depository Trust Company, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to increase the Conversion Rate; (k) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect appoint a Specified Dollar Amount successor Trustee with respect to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orNotes; (m) to comply with the rules provide for uncertificated Notes in addition to or in place of any applicable securities depositary in a manner that Physical Notes, so long as such amendment does not adversely affect the rights of any HolderHolder and so long as such Notes are in registered form for U.S. federal income tax purposes; or (n) to eliminate any Guarantee in accordance with, and to the extent permitted by, this Indenture. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors (if any) and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without notice to or consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the NotesNotes (including, for the avoidance of doubt, any Guarantee by a Successor Guarantor pursuant to Article 11 or any Guarantee by an additional Guarantor as required by Section 4.10); (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any HolderHolder in any material respect; (j) to appoint a successor trustee or trustees, or agents, with respect to the Notes; (k) to increase the Conversion Rate pursuant to Section 14.04(g); or (l) to irrevocably elect a Cash Percentage with respect to conversions of the Notes; provided that no such election shall affect any Cash Percentage theretofore elected (or deemed to be elected) with respect to any Note pursuant to Section 14.02(a)(iii). Upon the written request of the Company, the Trustee and each Guarantor is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the (x) assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 1111 or (y) a successor to any Asset Sale Subsidiary Guarantor and the assumption by that successor of the Asset Sale Subsidiary Guarantor’s obligations in respect of the Notes and this Indenture; (c) to add guarantees with respect to the Notes, including by a Successor Company pursuant to Article 11 or by an Asset Sale Subsidiary Guarantor pursuant to Section 13.01; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (h) increase the Conversion Rate as provided herein; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount or eliminate one of the Settlement Methods; (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes and conversion rights of the Holders to the extent expressly required by Section 14.07;; or (hk) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expenseexpense and direction, may from time to time and at any time enter into an amend or supplement the indenture or indentures supplemental hereto the Notes without notice to or the consent of any Holder of the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11‎Article XI; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) upon the occurrence of any transaction or event described in ‎Section 14.07(a), to (i) provide that the Notes are convertible into Reference Property, subject to ‎Section 14.03, and (ii) effect the related changes to the terms of the Notes described under ‎Section 14.07(a), in each case, in accordance with ‎Section 14.07; (g) to make any change that does not adversely affect the rights of any Holder; (g) , as such, in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07material respect; (h) to conform the provisions of this Indenture or the Notes to the “Description of the Notes” section of the Offering Memorandum, as certified by the Company in an Officer’s Certificate; (i) to increase irrevocably elect a Settlement Method and/or a Specified Dollar Amount, or eliminate the Conversion Rate as provided in this IndentureCompany’s right to elect a Settlement Method; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary Depositary, including the DTC; or (k) to make changes in connection with an acceptance for listing on a manner that does not adversely affect the rights of any HolderPermitted Exchange, as contemplated under ‎Section 15.02‎(e). Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the written notice to or the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, mistake, omission, defect or inconsistencyinconsistency in this Indenture or the Notes in a manner that does not adversely affect the Holders of the Notes in any material respect as evidenced by an Officer’s Certificate; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11XI; (c) to add guarantees with respect to the NotesNotes and provide for the terms upon which such guarantees may be released; (d) to secure the Notes; (e) to add to the covenants or Events events of Default of the Company default for the benefit of the Holders Holders, make changes that would provide additional rights to the Holders, or surrender any right or power conferred upon the CompanyCompany or any guarantor; (f) to make any change that does not adversely affect the rights of any Holder; (g) to increase the Conversion Rate as provided in this Indenture; (h) to irrevocably elect a Settlement Method or a Specified Dollar Amount, as permitted by this Indenture; (i) to conform this Indenture to the requirements of the Trust Indenture Act as then in effect; (j) to provide for the acceptance of appointment by a successor trustee pursuant to Section 7.09 or to facilitate the administration of the trusts by more than one trustee; (k) to conform the provisions of this Indenture, or the Notes, to the “Description of Notes” in the Original Offering Memorandum, to the extent such provision in the “Description of Notes” was intended to be a verbatim recitation of a provision of this Indenture, as evidenced by an Officer’s Certificate; or (l) in connection with any Share Exchange Eventtransaction described in Section 13.07, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such certain related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;; or (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to amend this Indenture or the Notes to comply with the rules of any applicable securities depositary, including the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (j) to irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note in accordance with Section 14.02; (k) to provide for the issuance of additional Notes; or (l) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in the Indenture in a manner that does not individually or in the aggregate adversely affect the rights of any Holder in any material respect; (b) to provide for comply with Article 12 in respect of the assumption by a Successor Company of the obligations an obligation of the Company under this Indenture and the Notes pursuant to Article 11Company; (c) to provide for uncertificated Notes in addition to or in place of certificated Notes; provided, however, that the uncertificated Notes are issued in registered form for purposes of Section 163(f) of the Code or in a manner such that the uncertificated Notes are described in Section 163(f)(2)(B) of the Code; (d) to add guarantees with respect to the Notes; (de) to secure the Notes; (ef) to add to the covenants or Events of Default of the Company for the benefit of the Holders or to surrender any right or power conferred upon the CompanyCompany with respect to the Notes; (fg) to evidence and provide for the acceptance of appointment of a successor Trustee pursuant to the Indenture; (h) to comply with the provisions of any clearing agency, clearing corporation or clearing system, the Trustee or the Note Registrar with respect to the provisions of the Indenture or the Notes relating to transfers and exchanges of Notes; (i) to provide for the conversion of the Notes in accordance with the terms of the Indenture; (j) to increase the Conversion Rate in accordance with the terms of the Indenture; (k) to make any change with respect to the Notes that does not materially adversely affect the rights of any Holder; (gl) to comply with any requirement of the Commission in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms qualification of the Notes to Indenture under the extent expressly required by Section 14.07; (h) to conform the provisions of this Trust Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Act; or (m) to comply with conform the rules provisions of the Indenture to the “Description of the Notes” Section of the Offering Memorandum. After a supplemental indenture under this Section 11.01 becomes effective, the Company shall mail to Holders a notice briefly describing such supplemental indenture. The failure to give such notice to all Holders, or any applicable securities depositary in a manner that does defect therein, shall not adversely impair or affect the rights validity of any Holdera supplemental indenture under this Section 11.01. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 11.01 may be executed by the Company and the Trustee without the consent of the Holders holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.0211.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in this Indenture or the Notes, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect add guarantees with respect to the Notes or inconsistencyto secure the Notes; (b) to provide for evidence the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.0213.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.0713.07; (d) to irrevocably elect one Settlement Method or irrevocably eliminate one or more Settlement Methods or irrevocably elect a Specified Dollar Amount to be applicable to Combination Settlements; provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to the conversion of any Note pursuant to the provisions of Article 13; (e) to surrender any right or power herein conferred upon the Company; (f) to add to the covenants or Events of Default of the Company for the benefit of the Holders; (g) to cure any ambiguity or correct or supplement any defect or inconsistency in this Indenture, provided that such action shall not adversely affect the interests of the Holders of the Notes in any material respect; (h) to conform modify or amend the Indenture to permit the qualification of the Indenture or any indenture supplemental thereto under the Trust Indenture Act; (i) to establish the form of the Notes, if issued in definitive form; (j) to evidence the acceptance of the appointment under this Indenture of a successor Trustee in accordance with the terms of this Indenture; (k) to conform, as necessary, the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate , as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agentan Officer’s Certificate; (l) to irrevocably elect provide for conversion rights of Holders of Notes if any reclassification or eliminate one change of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to Common Stock or any merger, consolidation or sale of all or substantially all of the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Company’s assets occurs; or (m) to comply change the Conversion Rate in accordance with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderthis Indenture. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The In lieu of Section 9.1 of the Original Indenture, the Company, when authorized by the resolutions Guarantors and the Trustee may amend or supplement the Indenture, the Notes or the Note Guarantees without notice to or the consent of any Holder of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposesNotes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company uncertificated Notes in addition to or in place of the obligations of the Company under this Indenture and the Notes pursuant to Article 11Physical Notes; (c) to add guarantees with respect provide for the assumption of the Company’s obligations to Holders of Notes in the Notescase of a merger or consolidation or sale of all or substantially all of the Company’s assets; (d) to secure make any change that would provide any additional rights or benefits to the Notesholders of Notes or that does not adversely affect the legal rights under the Indenture of any Holder; (e) to add to the covenants or Events of Default comply with requirements of the Company for SEC in order to effect or maintain the benefit qualification of the Holders or surrender any right or power conferred upon Indenture under the CompanyTrust Indenture Act of 1939, as amended (the “TIA”); (f) to make any change that does not adversely affect the rights of any Holder; (g) in connection with any Share Exchange Eventconform this Supplemental Indenture, to provide that the Notes are convertible into Reference Property, subject to or the provisions of Section 14.02, Note Guarantees and make such related changes to the form or terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section as set forth in the offering memorandum dated March 28, 2018 related to the offering and sale of the Offering MemorandumNotes as determined in good faith by the Company; (i) to increase the Conversion Rate as provided in this Indenture; (jg) to provide for the issuance of additional Additional Notes in accordance with the limitations set forth in the Indenture as of the date of this Supplemental Indenture; (h) to release a Guarantor from its Note Guarantee pursuant to the terms of the Indenture when permitted or required pursuant to the terms of the Indenture; (i) to secure the Notes and the related Note Guarantees or add covenants for the benefit of the Holders or to surrender any right or power conferred upon the Company or any Guarantor; (j) to add additional Note Guarantees; (k) to evidence and provide for the acceptance and appointment under the Indenture of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate Trustee pursuant to the administration of the trusts under this Indenture by more than one trustee or paying agent;requirements hereof; or (l) to irrevocably elect or eliminate one make any amendment to the provisions of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Indenture relating to the extent transfer or legending of the Notes; provided, however, that no election (i) compliance with this Supplemental Indenture as so amended would not result in notes being transferred in violation of the Securities Act, or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that law and (ii) such amendment does not materially and adversely affect the rights of any HolderHolders to transfer Notes. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the The consent of the Holders is not necessary to approve the particular form of any proposed amendment. It is sufficient if such consent approves the substance of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02proposed amendment.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holders, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: : (a) to cure any mistake, ambiguity, omission, defect or inconsistency; ; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; ; (c) to add guarantees with respect to the Notes; ; (d) to secure the Notes; ; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; ; (f) to make any change that does not adversely affect the rights of any Holder; Holder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; ; (h) to conform the provisions of this Indenture or the Notes to the “Description of the Notes” section of the Offering Memorandum; Memorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; ; or (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holdertrustee. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time amend this Indenture or the Notes or enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase comply with the Conversion Rate rules of any applicable securities depositary, including The Depository Trust Company, so long as provided such amendment does not adversely affect the rights of any Holder in this Indentureany material respect; (j) to increase the Conversion Rate; (k) to provide for the issuance of additional Notes in accordance with the limitations set forth in terms of this Indenture; (kl) to provide for the acceptance of appointment by appoint a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent Conversion Agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount with respect to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Notes; or (m) to comply with the rules provide for uncertificated Notes in addition to or in place of any applicable securities depositary in a manner that Physical Notes, so long as such amendment does not adversely affect the rights of any HolderHolder and so long as such Notes are in registered form for U.S. federal income tax purposes. Upon the written request of the Company, and subject to Section 10.05, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities liabilities, indemnities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto to supplement or amend the terms of this Indenture or the Notes for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder, as determined by the Company in good faith; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum, as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyIssuer, when authorized by the resolutions of the Board of Directors Directors, the Guarantors and the Trustee, at the CompanyIssuer’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (db) to secure the Notes; (ec) to add to the covenants or Events of Default of the Company Issuer for the benefit of the Holders or surrender any right or power conferred upon the CompanyIssuer under this Indenture; (d) to decrease the Exchange Price as provided in ‎Article 14; (e) to provide for the acceptance or appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (f) irrevocably elect one or more, or eliminate any of, the Settlement Methods or a Specified Dollar Amount; (g) to make any change amend ‎Section 2.05 of this Indenture and the transfer and exchange provisions of the Affiliate Note solely to facilitate transfers and exchanges of the Affiliate Note and the removal of the legend described in ‎Section 2.05(c)(ii) in a manner that does not violate the applicable procedures of the Depositary or adversely affect the rights of any Holder;; provided, that any such amendment does not impair the Issuer’s ability to effect the removal of the restrictive legend required by ‎Section 2.05(c) and the assignment of an unrestricted CUSIP number to any Note (other than the Affiliate Note) on or after the Resale Restriction Termination Date; or (gh) in connection with any Share Exchange Specified Corporate Event, to provide that the Notes are convertible exchangeable into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon On the written request of the CompanyIssuer, the Trustee is hereby authorized to to, and shall join with the Company Issuer and the Guarantors in the execution of any such supplemental indentureindenture pursuant to this Section 10.01, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but may, may enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company Issuer, the Guarantors and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, 14.02 and make such related changes to the terms of the Notes to the extent expressly required by in accordance with Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (lj) to irrevocably elect a Settlement Method or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Amount, or eliminate the Company’s right to the extent that no election or deemed election of any elect a Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); orMethod; (mk) to comply with conform the rules provisions of this Indenture or the Notes to any applicable securities depositary provision of the “Description of Notes” section of the Offering Memorandum, as certified by the Company in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holders, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Cash Percentage with respect to conversions of Notes; provided that no such election shall affect any Cash Percentage theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderSection 14.02(a)(i). Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors Directors, and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Indenture, the Notes or any supplemental indenture or of modifying in any manner the rights of the Holders for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (ki) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agenttrustee; (lj) to irrevocably elect or eliminate one of the Settlement Methods (including an Irrevocable Settlement Election) and/or irrevocably elect a minimum Specified Dollar Amount to the extent Amount; provided, however, that no such election or deemed election of elimination will affect any Settlement Method theretofore elected (or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)deemed to be elected) with respect to any Note pursuant to the provisions of Article 14; or (mk) To conform the provisions of this Indenture or the Notes to comply with the rules provisions of any applicable securities depositary the Term Sheet, as set forth in a manner that does not adversely affect the rights of any Holderan Officer’s Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture pursuant to ‎Article 11 or by any Successor Guarantor of the obligations of such Subsidiary Guarantor under the relevant Subsidiary Guarantee and the Notes this Indenture pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the NotesNotes and enter into any Intercreditor Arrangement; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect as determined by the Company in good faith and in a commercially reasonable manner; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section ‎Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section ‎‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase irrevocably elect a Settlement Method or a Specified Dollar Amount or a Minimum Specified Amount or eliminate the Conversion Rate as Company’s right to elect a Settlement Method; provided that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the provisions in this Indenture‎Section 14.02(a)(iii); (j) to evidence or provide for the issuance acceptance of additional Notes in accordance with the limitations set forth in appointment of a successor Trustee, Note Registrar, Paying Agent or Conversion Agent or to appoint a collateral agent, as permitted by this Indenture;; or (k) to provide for release a Subsidiary Guarantor in accordance with the acceptance of appointment provisions under Section 4.11(a) or Section 4.11(c) or any applicable security documents or Intercreditor Arrangement when permitted or required by a successor trusteethe provisions under Section 4.11(a) or Section 4.11(c), registrar, paying agent, bid solicitation agent or conversion agent or facilitate to release collateral from the administration of Liens securing the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount Notes pursuant to the extent that no election provisions under Section 4.11(a) or deemed election of any Settlement Method Section 4.11(c) or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect security documents or Intercreditor Arrangement when permitted or required by the rights of any Holderprovisions under Section 4.11(a) or section 4.11(c). Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyCompany and the Guarantor, when authorized by the resolutions of the applicable Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto hereto, and in connection therewith the Guarantor may amend or supplement the Deed Poll, for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for uncertified Notes in addition to or in place of Physical Notes or to alter the assumption by a Successor Company provisions of the obligations Section 2.02 of the Company under this Indenture and (including the Notes pursuant to Article 11related definitions) in a manner that does not adversely affect any Holder in any material respect; (c) to add guarantees with respect provide for the assumption of the Company’s or Guarantor’s obligations to the NotesHolders under this Indenture by a Successor Company pursuant to Article 12; (d) to secure the Notes; (e) make any change that would provide any additional rights or benefits to add to the covenants or Events of Default of the Company for the benefit of the Holders or that does not adversely affect the legal rights hereunder of any such Holder in any material respect or to surrender any right or power conferred upon the CompanyCompany or the Guarantor; (e) to evidence and provide the acceptance of the appointment of a successor Trustee pursuant to Sections 8.09 and 8.10 of this Indenture; (f) to make any change that does not adversely affect add an additional guarantor to the rights of any HolderNotes; (g) to increase the Exchange Rate; (h) to provide for the issuance of additional Notes; (i) to elect one or more or eliminate any of the Settlement Methods (other than Cash Settlement) or elect a Specified Dollar Amount for all exchanges; (j) in connection with any Share Exchange Event, to provide that the Notes are convertible exchangeable into Reference Property, subject to the provisions of Section 14.0215.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07;15.07; or (hk) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company accompanied by a Board Resolution of the Company, ’s Board of Directors and the Trustee is hereby authorized to join with the Company in Guarantor’s Board of Directors authorizing the execution of any such supplemental indenture, and upon receipt by the Trustee of the documents described in Section 8.02 of this Indenture, the Trustee shall join with the Company and the Guarantor in the execution of any such supplemental indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, to enter into any such supplemental indenture that affects the Trustee’s its own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 11.01 may be executed by the Company Company, the Guarantor and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.0211.02.

Supplemental Indentures Without Consent of Holders. The Without the consent of any Holder, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants of the Company or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture; (f) to make any change that does not adversely affect the rights of any Holder; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment of a successor Trustee or facilitate the administration of trusts under this Indenture by more than one Trustee; (i) irrevocably elect or eliminate a Settlement Method and/or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; (j) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (hk) comply with the rules of the Depositary, so long as such amendment does not adversely affect the rights of any Holder; (l) if applicable, comply with any requirement of the SEC relating to the qualification of this Indenture under the Trust Indenture Act; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate , as provided evidenced in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holderan Officers’ Certificate. Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Notwithstanding anything to the contrary in Section 10.02, the Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in a material respect; (g) increase the Conversion Rate as provided in this Indenture; (h) provide for the acceptance of appointment by a successor trustee or facilitate the administration of the trusts under this Indenture by more than one trustee; (i) irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect one or more particular Settlement Methods (including, for the avoidance of doubt, eliminating Combination Settlement with a particular Specified Dollar Amount or range of Specified Dollar Amounts) as permitted under this Indenture; (j) in connection with any Share Exchange Common Stock Change Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02as provided, and make such related changes to the terms of the Notes to the extent expressly required required, by Section 14.0713.07; (hk) comply with the rules of the Depositary, so long as such amendment does not materially adversely affect the rights of any Holder of Notes; (l) comply with any requirement of the Commission relating to the qualification of this Indenture under the Trust Indenture Act of 1939, as amended; or (m) to conform the provisions of this Indenture or the Notes to the “Description of Notesnotes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, the Company (when authorized by the resolutions of the a Board of Directors Resolution), any Subsidiary Guarantor and the Trustee, at the Company’s expense, may any time and from time to time and at any time time, may enter into an indenture or indentures supplemental hereto for one or more indentures supplemental hereto, in form satisfactory to the Trustee, for any of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture, the Subsidiary Guarantees or the Notes; (b) to evidence the succession by a Successor Company and to provide for the assumption by a Successor Company of the Company’s obligations of the Company under this Indenture and the Notes pursuant to Article 11Indenture; (c) to add guarantees or guarantors, including additional Subsidiary Guarantors, with respect to the Notes; (d) to secure the NotesNotes or Subsidiary Guarantees; (e) to provide for the issuance of PIK Interest or the increase of the principal amount of any Global Notes to make PIK Payments in accordance with the terms of this Indenture; (f) to add to the Company’s or a Subsidiary Guarantor’s covenants such further covenants, restrictions or Events of Default of the Company conditions for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany by this Indenture or Subsidiary Guarantee; (fg) to make any change that does not adversely affect the rights of any Holder; (gh) to conform the terms of this Indenture, the Subsidiary Guarantees or the Notes to the description thereof in connection with any Share Exchange Eventthe Preliminary Offering Memorandum, as supplemented by the pricing term sheet related to the offering of the Initial Notes as evidenced by an Officer’s Certificate from the Company to the Trustee; or (i) upon the occurrence of an event described in Section 4.07(a), solely (i) to provide that the such Notes are convertible into Reference Property, subject to the provisions of Section 14.02in Sections 4.03 and 4.07, and make such (ii) to effect the related changes to the terms of the such Notes to the extent expressly required by under Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but may, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.024.07.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article ‎Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the CompanyCompany under this Indenture or the Notes; (f) to make any change that does not adversely affect the rights of any HolderHolder under this Indenture or the Notes, as determined by the Company in good faith; (g) in connection with any Share Exchange Merger Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, ‎Section 14.02 and make such related changes to the terms of the Notes to the extent expressly required by Section in accordance with ‎Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (ji) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenture; (k) to provide for the and acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent trustee pursuant to ‎Section 7.09 or conversion agent or to facilitate the administration of the trusts under this Indenture by more than one trustee trustee; (j) to irrevocably elect a Settlement Method or paying agenta Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (provided that no such election or elimination will affect any Settlement Method previously elected (or deemed to be elected) with respect to any Note); (k) to conform the provisions of this Indenture or the Notes to any provision of the “Description of Notes” section of the Offering Memorandum, as certified by the Company in an Officer’s Certificate; or (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of the Depositary, provided any applicable securities depositary in a manner that such amendment does not adversely affect the rights of any HolderCompany’s obligation to pay Additional Interest on the Notes pursuant to ‎Section 4.06(e). Upon the written request of the Company, the Trustee is hereby authorized to to, and shall join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but except that the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section ‎Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section ‎Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company Entity of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect, as certified by the Company in an Officer’s Certificate; (g) in connection with any Share Exchange Event, to provide that the Notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder in any material respect; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, registrarNote Registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method (including at the Company’s option upon an Irrevocable Election); provided, however, that no such election or elimination shall affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely Article 14. For the avoidance of doubt, no amendment under Section 10.01(i) will affect the rights Company’s obligation to pay Additional Interest pursuant to the provisions of any HolderSection 4.06(e). Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors Company and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder as determined by the Company in good faith; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering MemorandumMemorandum as evidenced in an Officer’s Certificate; (i) to comply with the rules of any applicable Depositary, including The Depository Trust Company, so long as such amendment does not adversely affect the rights of any Holder; (j) to appoint a successor trustee with respect to the Notes; (k) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenture; (kl) to provide for the acceptance of appointment by a successor trusteeTrustee, security registrar, paying agentPaying Agent, bid solicitation agent Bid Solicitation Agent or conversion agent or Conversion Agent to facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)trustee; or (m) to comply irrevocably elect a Settlement Method or a Specified Dollar Amount, or eliminate the Company’s right to elect a Settlement Method; provided, however, that no such election or elimination will affect any Settlement Method theretofore elected (or deemed to be elected) with respect to any Note pursuant to the rules provisions of any applicable securities depositary in a manner that does not adversely affect the rights of any HolderArticle 14. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, indenture and to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The Company, when authorized by the resolutions of the Board of Directors and the Trustee, at the Company’s expense, may from time to time and at any time enter into an indenture or indentures supplemental hereto for one or more of the following purposes: (a) to cure any ambiguity, mistake, omission, defect or inconsistency; (b) to provide for the assumption by a Successor Company of the obligations of the Company under this Indenture and the Notes pursuant to Article 11; (c) to add guarantees with respect to the Notes; (d) to secure the Notes; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any HolderHolder in any material respect; (g) in connection with any Share Exchange Merger Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to increase the Conversion Rate; (i) to conform the provisions of this Indenture or the Notes to the “Description of Notes” section of the Offering Memorandum; (i) to increase the Conversion Rate as provided in this Indenture; (j) to provide for the issuance of additional Notes in accordance with the limitations set forth in this Indenturepursuant to Section 2.10; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent elect one or conversion agent more or facilitate the administration eliminate any of the trusts under this Indenture by more than one trustee Settlement Methods or paying agentelect a Specified Dollar Amount for all conversions; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect provide for a Specified Dollar Amount successor trustee pursuant to the extent that no election or deemed election provisions of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B)Article 7; orand (m) to comply with conform this Indenture and the rules of any applicable securities depositary in a manner that does not adversely affect Notes to the rights of any HolderTrust Indenture Act. Upon the written request of the Company, the Trustee is hereby authorized to join with the Company in the execution of any such supplemental indenture, to make any further appropriate agreements and stipulations that may be therein contained, but the Trustee shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture that affects the Trustee’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture authorized by the provisions of this Section 10.01 may be executed by the Company and the Trustee without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.

Supplemental Indentures Without Consent of Holders. The CompanyWithout the consent of any Holder, the Company and the Guarantors, when authorized by the resolutions of the Board their respective Boards of Directors (or similar governing body) and the TrusteeTrustee and the Collateral Agent, at the Company’s sole expense, may from time to time and at any time enter into an indenture amend or indentures supplemental hereto supplement this Indenture, the Notes or the Collateral Documents in writing for one or more of the following purposes: (a) to cure any ambiguity, omission, defect or inconsistencyinconsistency in this Indenture, the Notes or the Collateral Documents; (b) to provide for the assumption by a Successor Company successor Person of the obligations of the Company or a Guarantor under this Indenture and or the Notes pursuant in accordance with this Indenture or to Article 11provide for the release of any Guarantor in accordance with Section 18.06; (c) to add guarantees a Guarantor or release a Guarantor in accordance with respect to this Indenture, the NotesNotes or the Collateral Documents; (d) to add additional assets as Collateral to secure the NotesNotes or the Guarantees; (e) to add to the covenants or Events of Default of the Company for the benefit of the Holders or surrender any right or power conferred upon the Company; (f) to make any change that does not adversely affect the rights of any Holder[reserved]; (g) in connection with any Share Exchange Event, to provide that the Notes notes are convertible into Reference Property, subject to the provisions of Section 14.02, and make such related changes to the terms of the Notes to the extent expressly required by Section 14.07; (h) to conform comply with any requirement of the provisions Commission in connection with the qualification of this Indenture or under the Notes Trust Indenture Act to the “Description of Notes” section of the Offering Memorandumextent this Indenture is qualified thereunder; (i) to increase the Conversion Rate as provided in this Indenture[reserved]; (j) to provide for the issuance appointment of additional Notes in accordance with the limitations set forth in this Indenturea successor Trustee, Note Registrar, Paying Agent, Conversion Agent or Collateral Agent; (k) to provide for the acceptance of appointment by a successor trustee, registrar, paying agent, bid solicitation agent or conversion agent or facilitate the administration of the trusts under this Indenture by more than one trustee or paying agent; (l) to irrevocably elect or eliminate one of the Settlement Methods and/or irrevocably elect a Specified Dollar Amount to the extent that no election or deemed election of any Settlement Method or Specified Dollar Amount has been effected, all as described in Section 14.02(a)(iii)(B); or (m) to comply with the rules of any applicable securities depositary in a manner that does not adversely affect the rights of any Holder; (l) [reserved]; (m) increase the Conversion Rate as provided in this Indenture; (n) to release Collateral in accordance with the terms of this Indenture and the Collateral Documents, including in connection with the Permitted Factoring Arrangements and any Permitted Receivables Financing; (o) to make, complete or confirm any grant of Collateral permitted or required under this Indenture, the Notes or any of the Collateral Documents or enter into additional or supplemental Collateral Documents in accordance with this Indenture and the Collateral Documents; or (p) to make any change to comply with rules of the Depositary, so long as such change does not adversely affect the rights of any Holder, as certified in good faith by the Company in an Officer’s Certificate. Upon the written request of the CompanyCompany and subject to Section 10.05, the Trustee is and, as applicable, the Collateral Agent, are hereby authorized to to, and shall, join with the Company and the Guarantors in the execution of any such supplemental indentureindenture or amendment, to make any further appropriate agreements and stipulations that may be therein contained, but neither the Trustee nor the Collateral Agent shall not be obligated to, but maymay in its discretion, enter into any supplemental indenture or amendment that affects the Trusteesuch Person’s own rights, duties, privileges, liabilities duties or immunities under this Indenture or otherwise. Any supplemental indenture or amendment to any Collateral Document authorized by the provisions of this Section 10.01 may be executed by the Company Company, the Guarantors and the Trustee and, as applicable, the Collateral Agent, without the consent of the Holders of any of the Notes at the time outstanding, notwithstanding any of the provisions of Section 10.02.