Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 42 contracts

Samples: Note (Axos Financial, Inc.), Indenture (Fat Brands, Inc), Indenture (Fat Brands, Inc)

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.

Appears in 32 contracts

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

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 10.06 and 10.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(19) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article Ten pursuant to Section 3.01(19) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 23 contracts

Samples: Cybin (Cybin Inc.), Indenture (Bragg Gaming Group Inc.), Indenture (Engine Media Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 19 contracts

Samples: Epsilon Energy Ltd., Rearden Minerals, LLC, Indenture (Whiting Petroleum Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company or the Guarantors, as the case may be, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(12) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company or the Guarantors, as the case may be, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 18 contracts

Samples: Indenture (KKR & Co. Inc.), Indenture (KKR & Co. Inc.), Indenture (Blue Owl Capital Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 16 contracts

Samples: Indenture (Contango Venture Capital Corp), Indenture (Contaro Co), Silverbow Resources, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 15 contracts

Samples: Indenture (Contango Venture Capital Corp), Chord Energy Corp, Indenture (Approach Resources I, LP)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 13 contracts

Samples: Silverbow Resources, Inc., Indenture (Gulfmark Offshore Inc), Senior Indenture (Oasis Petroleum Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 12 contracts

Samples: Indenture (Bristow Helicopters Inc), Indenture (Gulfport Energy Corp), Amplify Energy Corp.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 11 contracts

Samples: Indenture (Amerant Bancorp Inc.), FNB Corp/Pa/, Indenture (FNB Corp/Fl/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Samples: Calgon Carbon Corporation, Calgon Carbon Corporation, MOB Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(1) or 10.8 Section 901(11) for the benefit of the Holders of such series or in Article VIII, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Samples: Indenture (Blue Owl Capital Inc.), Indenture (BrightView Holdings, Inc.), Indenture (BrightView Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 10 contracts

Samples: Chord Energy Corp, Goodrich Petroleum CO LLC, Indenture (EZMONEY Alabama, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 10 contracts

Samples: Rearden Minerals, LLC, Indenture (Whiting Petroleum Corp), Indenture (Whiting Petroleum Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.05 or in any covenant provided pursuant to Sections 3.1(22Section 3.01(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Samples: Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Hornbeck Offshore Trinidad & Tobago, LLC), Indenture (Energy Services Puerto Rico LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 8.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 10 contracts

Samples: Indenture (LTC Properties Inc), Indenture (LTC Properties Inc), LTC Properties Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Sections 10.04 or 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 9 contracts

Samples: Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Madrigal Pharmaceuticals, Inc.), Indenture (Teledyne Technologies Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.05 through 10.08 or in any covenant provided pursuant to Sections 3.1(22Section 3.01(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(5) or (7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 8 contracts

Samples: Indenture (Lynden USA Inc.), Indenture (Davis Petroleum Corp.), Bold Energy III LLC

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in either of Sections 1006 or 1007, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 8 contracts

Samples: Mho, LLC, Mho, LLC, Indenture (M/I Homes of West Palm Beach, LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities Each of such series, the Company may, with respect to Issuer and the Securities of any series, Guarantors may omit in any particular instance to comply with any term, provision or condition set forth in Sections 802, 1004 and 1005 (and each of the Issuer and the Guarantors may omit in any covenant provided particular instance to comply with any term, provision or condition specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 301(14) for the benefit of the Holders of such series Securities) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series omission (voting as one class) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the Guarantors, as the case may be, and the duties of the Trustee for the Securities of each series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Samples: Indenture (Trane Technologies Financing LTD), Indenture (Trane Technologies Irish Holdings Unlimited Co), Indenture (Ingersoll Rand Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Samples: Note (Umb Financial Corp), Indenture (Euronet Worldwide Inc), Indenture (Pharmacopeia Drug Discovery Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.01(u), 9.1(29.01(b) or 9.01(g), 8.1, 10.4, 10.5, 10.6, 10.7 Article VIII or 10.8 Sections 10.04 or 10.05 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Samples: Indenture (EyePoint Pharmaceuticals, Inc.), Indenture (Bluejay Diagnostics, Inc.), Indenture (Bluejay Diagnostics, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Appears in 7 contracts

Samples: Genesee & Wyoming Inc, MOB Corp, Scotts Miracle-Gro Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the Subsidiary Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 7 contracts

Samples: Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.), Indenture (Penn Virginia Oil & Gas, L.P.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Samples: Indenture (Stone Energy Corp), Indenture (SandRidge Onshore, LLC), Whiting Oil & Gas Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any --------------------------- particular instance to comply with any term, provision or condition set forth in Sections 1004 to 1008, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 301 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 902), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 7 contracts

Samples: Security Capital Group Inc/, Security Capital U S Realty, Security Capital Group Inc/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 7 contracts

Samples: Indenture (American Italian Pasta Co), Indenture (Bay Valley Foods, LLC), American Italian Pasta Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Gamco Investors, Inc. Et Al, 1 (Metlife Capital Trust Iii), Metlife Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in either of Sections 4.06 or 4.07 if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (DPW Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, Any Obligor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.1 and 12.3 through 12.5 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Pinnacle Entertainment Inc), Indenture (Pinnacle Entertainment Inc), Indenture (MGM Grand Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(2) or 10.8 Section 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Amplify Energy Corp.), Indenture (Gulfport Energy Corp), Indenture (Amplify Energy Corp.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 901(2) or 10.8 Section 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 6 contracts

Samples: Indenture (Bristow Helicopters Inc), Indenture (Chesapeake Operating LLC), Indenture (Targa LP Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.5 and 12.6 (and, if so specified pursuant to Section 3.1, any other covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.1) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (Rga Capital Trust Ii), Reinsurance Group of America Inc, Rga Capital Trust Ii

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.01 and 12.03 through 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Debt Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN

Appears in 5 contracts

Samples: Indenture (Harrahs Entertainment Inc), Indenture (Hilton Hotels Corp), Indenture (Hilton Hotels Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Section 11.06 and Section 11.07, or, as specified pursuant to Sections 3.1(22)Section 3.01(17) for Securities of such series, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit in any covenants of the Holders Company added to this Article pursuant to Section 3.01(16) or Section 3.01(17) in connection with Securities of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallany series, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee Trustees to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (Energy Fuels Inc), Energy Fuels Inc, Kimber Resources Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 905 to 907, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 301(18) for the benefit of the Holders Securities of such series series, in any covenants added to Article Nine pursuant to Section 301(18) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (New Gold Inc. /FI), Indenture (Field Trip Health Ltd.), Indenture (Osisko Gold Royalties LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22)2.01(a)(16) , 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in Section 4.06, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 5 contracts

Samples: Indenture (Singing Machine Co Inc), Indenture (Ault Global Holdings, Inc.), Indenture (Tanzanian Gold Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Five Star Quality Care Inc, Five Star Quality Care Inc, Five Star Quality Care Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of or any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 10.05 through 10.07, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22)the Securities of any series specified in accordance with Section 3.01 (except any such term, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 provision or 10.8 for condition which could not be amended without the benefit consent of the all Holders of Securities of such series pursuant to Section 9.02) if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Amvescap PLC/London/), Indenture (IVZ Inc), Indenture (IVZ Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (United States Steel Corp), United States Steel Corp, United States Steel Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Southside Bancshares Inc), Indenture (Wesbanco Inc), Indenture (Wesbanco Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.41006, 10.51007, 10.6, 10.7 1008 or 10.8 1009 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Lsi Logic Corp, Sun Microsystems Inc, Sun Microsystems Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections Section 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holders of such series or in any of Sections 4.06 to 4.08, inclusive, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Metlife Inc), Metlife Inc, Metlife Capital Trust Iii

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company or any Guarantor may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(b)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 8.1(b) or 10.8 8.1(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 1.4, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and each of the Guarantors and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Allied Waste Industries Inc, Allied Waste Industries Inc, Allied Waste Industries Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 1006 and 1007, inclusive, or, as specified pursuant to Sections 3.1(22)Section 301(17) for Securities of such series, 9.1(2)in any covenants of the Company added to Article Ten pursuant to Section 301(17) in connection with Securities of such series, 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of if the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of affected by such series shallterm, provision or condition, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Medicinova Inc), Indenture (pdvWireless, Inc.), Lifevantage Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such seriesseries or in a supplemental indenture, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.4, 10.5, 10.6, 10.7 1006 or 10.8 1007 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Lsi Logic Corp, Sun Microsystems Inc, Sun Microsystems Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(p), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(a) or 10.8 9.01(e) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect. The Company shall provide the Trustee with written notification upon the waiver of any covenant.

Appears in 4 contracts

Samples: Braskem Finance LTD, Braskem Finance LTD, Braskem Finance LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company and/or any Guarantor, as applicable, may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series and in Sections 10.06 or 10.07 if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and/or such Guarantor, as applicable, and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Medtronic Inc, Indenture (Medtronic PLC), Indenture (Medtronic Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.41006, 10.51007, 10.6, 10.7 1008 or 10.8 1009 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 4 contracts

Samples: Read Rite Corp /De/, Read Rite Corp /De/, Micron Technology Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(u), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series or in Article VIII or Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Eplus Inc), Indenture (Speed Commerce, Inc.), Indenture (Eplus Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company may, with respect to the Securities of any one or more series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if or in Sections 1004, 1006 or Article Eight if, before or after the time for such compliance compliance, the Holders of at least a majority in principal amount of the Outstanding Securities of all series affected by such series waiver (considered together as one class for this purpose) shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Key3media Events Inc, Key3media Events Inc, Key3media Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series or in any of Sections 10.05 to 10.07 inclusive if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

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

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such a specific series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(6) or 10.8 9.01(13) for the benefit of the Holders of such series series, in Article Eight or in any of Sections 10.05, 10.06, and 10.08 through 10.14 (inclusive), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (CNH Industrial Capital LLC), New Holland Credit Company, LLC, CNH Industrial Capital LLC

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Samples: Kanawha River Terminals, LLC, Indenture (Cardtronics DR, LLC), SunCoke Energy, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(20), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(6) for the benefit of the Holders of such series or in any of Sections 1006, 1007 and 1009, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Wendys International Inc), Nuevo Energy Co, Nuevo Energy Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(c) for the benefit of the Holders of Securities of such series or any term, provision or condition set forth in an indenture supplemental hereto, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Reconciliation And (Bbva Subordinated Capital, S.A. Unipersonal), Indenture (BBVA International Preferred, S.A. Unipersonal), BBVA International Preferred, S.A. Unipersonal

Waiver of Certain Covenants. Except as otherwise Subject to the rights of holders of Capital Trust Securities specified as contemplated by in Section 3.1 for Securities of such series902, if any, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in applicable to the Debt Securities of any covenant provided series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Popular Inc), Indenture (Wells Fargo Capital Iv), South Financial Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(223.1(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.7, or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Umb Financial Corp), Indenture (Umb Financial Corp), Indenture (Umb Financial Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(f) for the benefit of the Holders of such series or in Section 10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full fall force and effect.

Appears in 3 contracts

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

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 Section 9.01(b) or 10.8 Section 9.01(g) for the benefit of the Holders of such series or in any of Sections 10.01, 10.02, 10.06 or 10.07, or in Article Eight if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (American Capital Senior Floating, Ltd.), Indenture (American Capital, LTD), Indenture (American Capital Strategies LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series and in Section 10.08 or 10.09 if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Senior Indenture (Bowater Inc), Bowater Inc, Bowater Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in Section 1005 with respect to the Debt Securities of any series or any other covenant provided or condition applicable to the Debt Securities of any series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Wells Fargo & Co/Mn), Indenture (Wells Fargo & Co/Mn), Indymac Capital Trust I

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 clause (r) of Section 301 or 10.8 clause (b) or (g) of Section 901 for the benefit of the Holders of such series or in Section 1005, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Samples: SNH Nebraska Inc, SNH Nebraska Inc, SNH Nebraska Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 1005 through 1008 or in any covenant provided pursuant to Sections 3.1(22Section 301(21), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Samples: Senior Indenture (Kanawha River Terminals, LLC), Indenture (SunCoke Energy, Inc.), Indenture (Cardtronics DR, LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(2) or 10.8 9.01(7) for the benefit of the Holders of such series (other than a covenant which if before or after subject to an amendment under Section 9.02, would require the time for such compliance consent of the Holder of each Outstanding Security affected thereby), if the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Hancock Holding Co), Hancock Holding Co, Hancock Holding Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Corporation may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1006, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Corporation and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN REDEMPTION OF SECURITIES

Appears in 3 contracts

Samples: Wellcare Health Plans, Inc., Wellcare Health Plans, Inc., Wellcare Health Plans, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company and the Subsidiary Guarantors may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any of Sections 10.5 through 10.8 or in any covenant provided pursuant to Sections Section 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 ) or 10.8 9.1(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (California Resources Real Estate Ventures, LLC), California Resources Production Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 12.5), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Sections 3.1(22)Section 3.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit of the Holders Debt Securities of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Energizer Holdings Inc), Ralcorp Holdings Inc /Mo

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 3.01 for Securities of such series, the each Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.01(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(b) or 10.8 9.01(g) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least not less than a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the such Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Berkshire Hathaway Finance Corp, Berkshire Hathaway Finance Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Section 801(3) or Sections 1006 to 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Staples Inc), Indenture (Staples Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (Susa Partnership Lp), Indenture (Storage Usa Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 3.1(s), 9.1(2Section 9.1(b), 8.1Section 9.1(g), 10.4Section 10.6 or Section 10.7, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance instance, or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition condition, except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Symantec Corp, Symantec Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company The Issuer may, with respect to the Securities any Series of any seriesNotes, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of which affects such series Series if before or after the time for such compliance the Holders of at least a majority in principal amount of all Outstanding Notes of each Series affected by the Outstanding Securities omission (which, in the case of a covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Notes of any Series, shall include only those Series to which such series shallcovenant is so specified to be applicable), shall in each case by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee to Holders of Notes of such Series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Brookfield Renewable (Brookfield Renewable Partners L.P.), Brookfield Property Partners L.P.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such a specific series, the Company Operating Partnership may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series series, in Article Eight, or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Operating Partnership and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Vornado Realty Trust, Vornado Realty Trust

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(3) or 9.1(4) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such Aeries, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Evans Capital Trust III), Bridge Statutory Capital Trust I

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities any series of any seriesSecurities, omit in any particular instance to comply with any term, provision or condition which affects such series set forth in any covenant provided Sections 9.5 to 9.7, inclusive, or, as specified pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 Section 3.1(19) for the benefit of the Holders Securities of such series series, in any covenants added to Article 9 pursuant to Section 3.1(19) in connection with Securities of such series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee to Holders of Securities of such series in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Taseko Mines LTD, Northern Dynasty Minerals LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(b)(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1002, 1004 and 1005, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, condition but no such waiver contemplated by this Section 1007 shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Ormat Technologies, Inc., Ormat Technologies, Inc.

Waiver of Certain Covenants. Except as otherwise Subject to the rights of holders of Trust Preferred Securities specified as contemplated by in Section 3.1 for Securities of such series902, if any, the Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision covenant or condition set forth in applicable to the Debt Securities of any covenant provided series pursuant to Sections 3.1(22)Section 301 unless such covenant or condition is determined pursuant to Section 301 not to be subject to this provision if, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of all series of the Debt Securities at the time Outstanding Securities of to which such series covenant or condition applies shall, acting together as a class, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Indymac Capital Trust I), Indenture (Indymac Bancorp Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(d) or 10.8 10.1(h) for the benefit of the Holders of such series or in Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Brookfield Infrastructure Partners L.P.), Indenture (Brookfield Infrastructure US Holdings I Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1008 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Allegiance Corp, Allegiance Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, The Operating Partnership and the Company may, with respect to the Securities of any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in clause (ii) of Section 1005 and Sections 1006 and 1007, with respect to the Securities of any covenant series and, if expressly provided pursuant to Sections 3.1(22)Section 301, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for any additional covenants applicable to the benefit of the Holders Securities of such series if if, before or after the time for such compliance compliance, the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Operating Partnership and the Guarantor, as applicable and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Mid-America Apartments, L.P.), Indenture (Mid-America Apartments, L.P.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, or in a supplemental indenture, the Company Companies or Parent may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2901(2), 8.1901(7), 10.41006, 10.51007, 10.6, 10.7 1008 or 10.8 for the benefit of the Holders of such series 1009 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Companies and Parent and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Genpact Luxembourg S.a.r.l.), Genpact LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the Company Issuer may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided established pursuant to Sections 3.1(22Section 3.1(r), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 10.1(c) or 10.8 10.1(g) for the benefit of the Holders of such series or in any of Section 11.4(a) to (c), inclusive, and Section 11.5, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee Trustees in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Brookfield Asset Management Inc.), Brookfield Asset Management Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 to 1007, inclusive, if before or after the time for such compliance the Holders of at least not less than a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Indenture (First Tennessee National Corp), Amsouth Bancorporation

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(a)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(4) or 10.8 9.01(7) for the benefit of the Holders holder of such series or in any of Sections 4.06 and 4.07, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Jackson Financial Inc.), Indenture (AXA Equitable Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in Article Eight or in Sections 1005 to 1009 inclusive, or in any covenant provided pursuant to Sections 3.1(22Section 301(19), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Scholastic Corp, Scholastic Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1007, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN Redemption of Securities

Appears in 2 contracts

Samples: M I Homes Inc, M I Homes Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company Operating Partnership may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(18), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1005 through 1009, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company Operating Partnership and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Vornado Realty Lp), Vornado Realty Lp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 2.01 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(222.01(a)(15), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 9.01(d) or 10.8 9.01(g) for the benefit of the Holders holder of such series series, if before or after the time for such compliance the Holders holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act act of such Holdersholders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: And (SiriusPoint LTD), SiriusPoint LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 4.01 through Section 4.09, except as otherwise specifically provided therein (and, if so specified pursuant to Section 2.03, any other covenant not set forth herein and specified pursuant to Section 2.03 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22Section 2.03), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding outstanding Securities of such series shall, by Act act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Western Union CO), Indenture (Western Union CO)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(3) or 9.1(4) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such series, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (Privatebancorp Capital Trust Iv), Indenture (Privatebancorp Capital Trust Iv)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Sections 12.05, 12.07 and 12.08 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Prison Realty Trust Inc, Prison Realty Trust Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 301 for Securities of such series, the Company may, with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22Section 301(16), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 901(2) or 10.8 901(7) for the benefit of the Holders of such series or in any of Sections 1006 to 1010, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN REDEMPTION OF SECURITIES

Appears in 2 contracts

Samples: Weeks Realty L P, Meridian Industrial Trust Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1 for Securities of such series3.1, the Company may, 9.1(7) or 9.1(9) with respect to the Securities of any series, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision covenant or condition shall remain in full force and effect. If the Securities of a series have not been registered under the Securities Act, the Holders of at least a majority in principal amount of such series, by Act of such Holders, may waive compliance by the Company with the Trust Indenture Act with respect to such series unless such compliance is otherwise required by the Trust Indenture Act.

Appears in 2 contracts

Samples: Indenture (PVH Corp. /De/), PVH Corp. /De/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Notwithstanding the provisions of Section 3.1 for Securities 1010 of such seriesthe Original Indenture, the Company may, with respect to the Securities of any series, Issuer may omit in any particular instance to comply with any term, provision or condition set forth in the Original Indenture and in this Supplemental Indenture and with any covenant provided pursuant other term, provision or condition with respect to Sections 3.1(22the Notes or either series thereof (except any such term, provision or condition which could not be amended without the consent of all Holders of the Notes or such series thereof, as applicable), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for the benefit of the Holders of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of Notes or such series shallthereof, as applicable, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision covenant or condition, but no such waiver shall extend to or affect such term, provision or condition except . Except to the extent so expressly waived, and, and until such waiver shall become effective, the obligations of the Company Issuer and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Mack Cali Realty L P, Mack Cali Realty Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with (1) any term, provision or condition set forth in Sections 10.04 to 10.08, inclusive, or (2) any other covenant provided applicable to the Securities of any series pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01 which other covenant (i) does not expressly provide to the benefit contrary and (ii) is not of the Holders kind which could not be amended without the consent of the Holder of each Outstanding Security of such series pursuant to Section 9.02, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding all outstanding Securities of such series shallseries, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision provision, condition or conditioncovenant, but no such waiver shall extend to or affect such term, provision provision, condition or condition covenant except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision provision, condition or condition covenant shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Camden Property Trust), Indenture (American Campus Communities Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in Section 12.05 (and, if so specified pursuant to Section 3.01, any other covenant not set forth herein and specified pursuant to Section 3.01 to be applicable to the Securities of any series, except as otherwise provided pursuant to Sections 3.1(22), 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for Section 3.01) with respect to the benefit Debt Securities of the Holders of such any series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.. ARTICLE THIRTEEN REDEMPTION OF DEBT SECURITIES

Appears in 2 contracts

Samples: Tesoro Alaska Co, Tesoro Alaska Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.1 for Securities of such series, the The Company may, with respect to the Securities of any series, may omit in any particular instance to comply with any term, provision or condition set forth in any covenant not set forth herein and specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 12.7), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Sections 3.1(22)Section 3.1, 9.1(2), 8.1, 10.4, 10.5, 10.6, 10.7 or 10.8 for with respect to the benefit of the Holders Debt Securities of such series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such term, provision or condition, but no such waiver shall extend to or affect such term, provision or condition except to the extent expressly so expressly waived, and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Sigma Aldrich Corp, Sigma Aldrich Corp

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