Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 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 Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 5 contracts

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

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18), 9.01(23.1(20) or 9.01(79.1(2) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 5 contracts

Samples: Indenture (Chapman Construction Co., L.P.), Black Hills Holding Corp, Willbros Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061005, if before 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 5 contracts

Samples: Lear Corp, Lear Corp, Lear Argentine Holdings Corp #2

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18), 9.01(2301(19) or 9.01(7901(2) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 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 5 contracts

Samples: Senior Indenture (San Diego Gas & Electric Co), Sempra Energy Global Enterprises, Sempra Energy

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Sections 1005(ii) with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(19), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06if, if before 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 5 contracts

Samples: Indenture (Corporate Office Properties, L.P.), Indenture (Corporate Office Properties, L.P.), Indenture (American Campus Communities Operating Partnership LP)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18), 9.01(23.1(19) or 9.01(79.1(2) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 5 contracts

Samples: Waddell & Reed Financial Inc, Waddell & Reed Capital Trust I, Willbros Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2Section 901(1) or 9.01(7Section 901(8) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 5 contracts

Samples: Indenture (Apple Inc.), Cisco Systems, Inc., Cisco Systems, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 5 contracts

Samples: Agency Agreement (Zimmer Biomet Holdings, Inc.), Agency Agreement (Zimmer Biomet Holdings, Inc.), Indenture (Wellpoint, Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 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 Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 5 contracts

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

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(20), 9.01(2) 901(2), 901(7), 1006 or 9.01(7) 1007 for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 5 contracts

Samples: Indenture (Solectron Corp), Indenture (Solectron Corp), Ddi Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: Subordinated Indenture (Duke Power Co /Nc/), Subordinated Indenture (Duke Power Co /Nc/), Forest Oil Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061005, if before 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.

Appears in 4 contracts

Samples: Subordinated Debt Securities Indenture (Cullen/Frost Bankers, Inc.), Cullen/Frost Bankers, Inc., Cullen/Frost Bankers, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such series, 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 Section 3.01(18301(19), 9.01(2) 901(2), 901(7), 1006, 1007, 1008 or 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1009 if before 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 (Hp Inc), Hewlett Packard Enterprise Co, Hp Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18Sections 2.01(16), 9.01(29.01(4) or 9.01(7) for the benefit of the Holders holders of such series or in Section 10.05 or 10.06, 4.06 if before 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 (KEMPER Corp), Indenture (Unitrin Inc), Indenture (Unitrin Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(b)(15), 9.01(28.1(b) or 9.01(78.1(g) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 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 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 4 contracts

Samples: Indenture (Fifth Third Capital Trust Iv), Fifth Third Bancorp, Dime Bancorp Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2) 901(2), 901(7), 1006 or 9.01(7) 1007 for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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.. ARTICLE ELEVEN

Appears in 4 contracts

Samples: Westell Technologies Inc, Read Rite Corp /De/, Read Rite Corp /De/

Waiver of Certain Covenants. Except as otherwise As specified as contemplated by pursuant to Section 3.01 301(15) for Securities of such series, the Company may, with respect to the Securities of any series, the Company may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided covenants of the Company added to Article Ten pursuant to Section 3.01(18), 9.01(2301(14) or 9.01(7301(15) for the benefit in connection with Securities of the Holders of such series or in Section 10.05 or 10.06a 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 shallall outstanding Securities, 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: Indenture (Deere John Capital Corp), Indenture (Deere & Co), Indenture (Deere & Co)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the The Company may, with respect to the Securities of and any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(16), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06if, if before 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 and any 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: Indenture (Apple Hospitality REIT, Inc.), Apple Hospitality REIT, Inc., Indenture (Apple Hospitality REIT, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 1006 or 10.061007, if before 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 (America Movil Sab De Cv/), Indenture (Mobile Radio Dipsa), Indenture (America Movil Sa De Cv/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such seriesAnything in this Indenture to the contrary notwithstanding, the Company may, with respect to the Securities of any series, may fail or omit in any particular instance to comply with any term, provision a covenant or condition set forth in herein with respect to the Securities of any covenant provided pursuant series if, prior to Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders time of such series failure or in Section 10.05 or 10.06omission, if before 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 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 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 obtain and file with the Trustee, before or after the time for such compliance, evidence of the consent of such Holders.

Appears in 4 contracts

Samples: Cit Group Inc, Cit Group Inc, Cit Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such series, the Company or the 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 Section 3.01(18301(22), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 HoldersHolders and by notice to the Trustee, 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: Senior Indenture (Brown Tom Inc /De), Senior Indenture (Brown Tom Inc /De), Brown Tom Inc /De

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 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 Section 3.01(18), 9.01(23.01(17) or 9.01(79.01(2) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 4 contracts

Samples: Indenture (PF2 SpinCo, Inc.), Indenture (Change Healthcare Inc.), Indenture (Change Healthcare Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, any of Sections 1006 through 1007 if before 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.

Appears in 4 contracts

Samples: Indenture (Pinnacle West Capital Corp), Ugly Duckling Corp, Arizona Public Service Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of The Operating Partnership and any series, Guarantor may omit in any particular instance to comply with any term, provision or condition set forth in Sections 1005(ii) and 704 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(16), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06if, if before 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 any 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: Indenture (American Homes 4 Rent, L.P.), Dupont Fabros (Rhino Equity LLC), Kite Realty (Kite Realty Group, L.P.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 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 Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders of such series or in Section Sections 10.05 or 10.06, to 10.07 inclusive if before 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 4 contracts

Samples: Liquid Media Group Ltd., Meta Financial Group Inc, Finjan Holdings, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(21), 9.01(2) Section 4.15, Section 6.4, Section 7.1 or 9.01(7) Section 9.2 for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: BOSTON OMAHA Corp, BOSTON OMAHA Corp, BOSTON OMAHA Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(6) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (Allegheny Energy Inc), Rochester Gas & Electric Corp, Allegheny Energy Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, The Company and the Company may, with respect to the Securities of any series, Guarantors may omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided specified pursuant to Section 3.01(18)301 with respect to the Securities of any series if the Company shall have obtained or filed with the Trustee, 9.01(2prior to the time of such failure or omission, evidence (as described in Section 104) or 9.01(7) for of the benefit consent of the Holders of such series or in Section 10.05 or 10.06, if before 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 shallseries, by Act of such Holders, either waive waiving such compliance in such instance or generally waive waiving 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 effectiveeffective in accordance with Section 905, the obligations of the Company and 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 3 contracts

Samples: Indenture (DCP Midstream Partners, LP), Centerpoint Energy Resources Corp, Enable Midstream Partners, LP

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06any of Sections 1006 to 1009, inclusive, if before 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: Indenture (Wendys International Inc), Indenture (Reynolds & Reynolds Co), Wendys International Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before the time for such compliance 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 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 (Sonic Automotive Inc), Senior Indenture (Sonic Automotive 1495 Automall DR Columbus Inc), Sonic Automotive 1495 Automall DR Columbus Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18Sections 2.01(17), 9.01(29.01(4) or 9.01(7) for the benefit of the Holders holders of such series or in Section 10.05 or 10.06, if before 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 3 contracts

Samples: Indenture (Athene Holding Ltd.), Indenture (Athene Holding Ltd.), Indenture (Athene Holding LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(r), 9.01(210.1(d) or 9.01(710.1(h) for the benefit of the Holders of such series or in Section 10.05 or 10.0611.5, if before 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 in respect of any such term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Brookfield BRP (Brookfield Renewable Corp), Indenture (Brookfield Renewable Partners L.P.), Indenture (BRP Bermuda Holdings I LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 or Section 902 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 Section 3.01(18301(22), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (Quanta Services Inc), Quanta Services Inc, Quanta Services Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, any of Sections 1006 through 1007 if before 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: Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc, Impac Mortgage Holdings Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061008, if before 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 fall force and effect.

Appears in 3 contracts

Samples: Yellow Roadway Technologies Inc, Usfreightways Corp, Usfreightways Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before the time for such compliance the Holders of at least a majority 51% 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: Xtra Finance Corp, Berkshire Hathaway Inc, Berkshire Hathaway Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 specified pursuant to Section 3.1 to be applicable to the Debt Securities of any series and to be subject to this Section 11.5), with respect to the Debt Securities of such series, except as otherwise provided pursuant to Section 3.01(18)3.1, 9.01(2) or 9.01(7) for with respect to the benefit of the Holders Debt Securities of such series or in Section 10.05 or 10.06, if before 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 3 contracts

Samples: Indenture (Heritage Financial Group Inc), Indenture (Reinsurance Group of America Inc), Indenture (Reinsurance Group of America Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(20), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: Subordinated Indenture (Newfield Exploration Co /De/), Senior Indenture (Stone Energy Corp), Group 1 Realty Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(22), 9.01(2Section 901(1) or 9.01(7Section 901(8) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 (Marvell Technology Group LTD), Marvell Technology Group LTD, Marvell Technology Group LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06any of Sections 1006 to 1009, inclusive, if before 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), Allstate Corp, Allstate Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18Sections 3.1(21), 9.01(2) 9.1(2), 8.1, 10.4 or 9.01(7) 10.5 for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Securities 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 (Euronet Worldwide Inc), MGP Ingredients Inc, Euronet Worldwide Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, The Issuer 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 any covenant provided as specified pursuant to Section 3.01(18)301(15) for Securities of any series, 9.01(2in any covenants of the Issuer and the Guarantor added to Article Ten pursuant to Section 301(14) or 9.01(7Section 301(15) for the benefit in connection with Securities of the Holders of such series or in Section 10.05 or 10.06a 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 shallthat 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 Issuer and the Guarantor 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 (Qimonda Finance LLC), Indenture (Qimonda Finance LLC), Indenture (Qimonda Finance LLC)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 1006 through 1008 or in any covenant provided pursuant to Section 3.01(18301(20), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: Cumberland Pharmaceuticals Inc, Evolution Petroleum Corp, Offshore Energy III LLC

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061005, if before 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 (Reliant Energy Inc), Noram Energy Corp/, Noram Energy Corp/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(21), 9.01(2Section 9.1(1) or 9.01(7Section 9.1(8) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 (Chevron Corp), Indenture (Chevron Usa Inc), Indenture (Chevron Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, The Company 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 Sections 1005(ii) and 1006 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(19), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06if, if before 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 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 3 contracts

Samples: Abb LTD, Abb LTD, Indenture (ABB Finance (USA) Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 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 Section 3.01(183.01(s), 9.01(29.01(b) or 9.01(79.01(g) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (SVB Financial Group), SVB Financial Group

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 set forth in any covenant provided as specified pursuant to Section 3.01(18)301(15) for Securities of such series, 9.01(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.01(7Section 301(15) for the benefit of the Holders in connection with Securities of such series or in Section 10.05 or 10.06series, if before 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 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: Indenture (Hub International LTD), Indenture (Hub International LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061005, if before 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: Aig Capital Trust I, American International Group Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06any of Sections 1008 to 1009, inclusive, if before 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 (King Pharmaceuticals Inc), Indenture (King Pharmaceuticals Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such series, the Company Bank 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1005 if before 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 Bank 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 (Royal Bank of Canada \), Royal Bank of Canada \

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18), 9.01(2Sections 2.01(15) or 9.01(79.01(4) for the benefit of the Holders holder of such series or in Section 10.05 or 10.06, any of Sections 4.07 and 4.08 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: Senior Indenture (Brighthouse Financial, Inc.), Senior Indenture (Brighthouse Financial, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1004 if before 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: Senior Indenture (Duke Power Co /Nc/), Senior Indenture (Duke Power Co /Nc/)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such series, the Company Bank 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 Section 3.01(18301(c)(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1005 if before 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 Bank 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 (Royal Bank of Canada \), Indenture (Royal Bank of Canada \)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 1005(ii) and (iii), 1006, 1007, 1008 and 1009 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(19), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06, if before 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 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 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: Reconciliation And (Hunt J B Transport Services Inc), J.B. Hunt Transport, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 1007 or 10.061008, if before 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 HoldersHolder, 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: Telefonos De Mexico S a De C V, Telefonos De Mexico S a De C V

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such seriesseries and as contemplated by Section 508, 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 Section 3.01(18), 9.01(2) or 9.01(7) this Indenture for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 2 contracts

Samples: Indenture (PetroQuest Energy, L.L.C.), Indenture (PetroQuest Energy, L.L.C.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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.

Appears in 2 contracts

Samples: Indenture (Penn Virginia Corp), Indenture (Penn Virginia Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series [or in Section 10.05 or 10.06, Article Eight] if before 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: Ubs Ag, Ubs Ag

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 (i) Section 1005 with respect to the Securities of any series or (ii) any covenant provided of the Company added to this Indenture pursuant to clause (17) of Section 3.01(18), 9.01(2) or 9.01(7) 301 for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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: Newfield Financial Trust Ii, Newfield Exploration Co /De/

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Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(19), 9.01(29.1(2) or 9.01(79.1(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: Sigma Designs Inc, Sigma Designs Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, any of Sections 1006 through 1007 if before 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.

Appears in 2 contracts

Samples: Ugly Duckling Corp, Ugly Duckling Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the The Company may, may with respect to the Securities of any series, a series omit in any particular instance to comply with any term, provision or condition set forth in Sections 801(c) and 1006 to 1009, inclusive, and any other covenant provided not set forth herein and specified pursuant to Section 3.01(18), 9.01(2) or 9.01(7) for 301 to be applicable to the benefit Securities of the Holders of such any series or in Section 10.05 or 10.06, if before 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 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: Scripps E W Co /De, Scripps E W Co /De

Waiver of Certain Covenants. Except as otherwise Subject to the rights of the holders of Preferred Securities specified as contemplated by in Section 3.01 for Securities of such series902, 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 1009, inclusive, and with any covenant provided pursuant other term, provision or condition with respect to the Securities of any series specified in accordance with Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06301, 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 2 contracts

Samples: Unumprovident Financing Trust Iii, Union Planters Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 1002 to 1009, inclusive, with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(18), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06, if before 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 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 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 (Winn Dixie Stores Inc), Indenture (Winn Dixie Logistics Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(20), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (Gasco Energy Inc), Indenture (W&t Offshore Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 Notwithstanding the provisions of Section 3.01 for Securities 1012 of such seriesthe Base Indenture, 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 provided pursuant Sections 1004 to Section 3.01(18)1009, 9.01(2) or 9.01(7) for the benefit inclusive, of the Base Indenture, with Section 2.4 of this Supplemental Indenture and with any other term, provision or condition with respect to the Notes (except any such term, provision or condition which could not be amended without the consent of all Holders of such series or in Section 10.05 or 10.06the Notes), 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 shallall outstanding Notes, 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 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: Second Supplemental Indenture (Archstone Smith Operating Trust), Supplemental Indenture (Archstone Smith Operating Trust)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(1) or 9.01(7901(3) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (Everest Re Capital Trust Iii), Indenture (Everest Re Group LTD)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 for Securities of such series, the Company Issuer and the 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 Section 3.01(18301(26), 9.01(2901(2) or 9.01(7901(6) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 Issuer and the Guarantor 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 (BlackRock Funding, Inc. /DE), BlackRock Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 SECTION 301 for Securities of such seriesseries and as contemplated by SECTION 508, 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 Section 3.01(18), 9.01(2) or 9.01(7) this Indenture for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 2 contracts

Samples: Mission E&p Limited Partnership, Encysive, L.P.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(18), 9.01(2Sections 2.01(16) or 9.01(79.01(4) for the benefit of the Holders holder of such series or in Section 10.05 or 10.06, 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 2 contracts

Samples: Brighthouse Financial, Inc., Brighthouse Financial, Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities 4.13 of such series, the Indenture is deleted and the following substituted therefor: 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 4.08, Section 4.09, Section 4.11 and Section 4.12, with respect to the Debt Securities or with respect to the Debt Securities of any covenant provided pursuant to Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Debt Securities or of the Outstanding Debt Securities of such series shallseries, by Act of such Holdersas the case may be, shall either waive in writing 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: Supplemental Indenture (Methanex Corp), Supplemental Indenture (Methanex Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 3.02 for Securities of such series, the Company may, with respect to the Securities of any such series, omit in any particular instance instance, to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 3.01(183.02(a), 9.01(29.01(ii) or 9.01(79.01(vi) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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, shall 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 written notice to the Trustee upon the occurrence of any such waiver.

Appears in 2 contracts

Samples: Senior Indenture (Gsi Commerce Inc), Subordinated Indenture (Gsi Commerce Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2Section 901(1) or 9.01(7Section 901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06Article VIII, if before 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 2 contracts

Samples: Indenture (Blue Ridge Paper Products LLC), Reynolds Presto Products Inc.

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(8) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 (Anthem, Inc.), Indenture (Anthem, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 2.02 for Securities Notes of such seriesSeries, the Company may, with respect to the Securities Notes of any seriesSeries, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided herein or pursuant to Section 3.01(18), 9.01(22.02(s) or 9.01(7Section 9.01(8) for the benefit of the Holders of such series or in Section 10.05 or 10.06, Series if before the time for such compliance the Holders of at least a majority 50 percent in principal amount of the Outstanding Securities outstanding Notes of such series Series shall, by an 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 wavier 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: Securities Indenture (Centene Corp), Centene Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Sections 1005(ii) with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18301(16), 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06if, if before 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, Indenture (Education Realty Operating Partnership L P)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06any of Sections 1006 and 1007, if before 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 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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.. ARTICLE ELEVEN

Appears in 2 contracts

Samples: Scholastic Corp, Scholastic Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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: Senior Indenture (Highland Autoplex Inc), Senior Indenture (Highland Autoplex Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 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: Northrop Grumman Corp /De/, Northrop Grumman Corp /De/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in any of Section 10.05 or 10.061008, if before 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 (Burlington Northern Santa Fe Corp), Burlington Northern Santa Fe Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 provided pursuant to Section 3.01(18), 9.01(2) or 9.01(7) for the benefit of the Holders covenants established as contemplated by Section 301 with respect to the Securities of any series, except to the extent the terms of such series Securities established as contemplated by Section 301 make this Section 1006 inapplicable to any such term, provision or in Section 10.05 or 10.06, condition of any such covenant if before 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 (Royal Caribbean Cruises LTD), Royal Caribbean Cruises LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(15), 9.01(28.1(2) or 9.01(78.1(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 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: Subordinated Indenture (Eastern Environmental Services Inc), Allied Waste Industries Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 2.02 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 Section 3.01(182.02(19), 9.01(2) 4.08 or 9.01(79.01(g) for the benefit of the Holders holders of the Security of such series or in Section 10.05 or 10.06, if before the time for such compliance the Holders holders of the Security of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holdersholders of the Security, 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 (Amkor International Holdings, LLC), Amkor Technology Inc

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(18), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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.

Appears in 2 contracts

Samples: Indenture (Orthalliance Inc), Providian Financial Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 Section 3.01(183.1(r), 9.01(29.1(b) or 9.01(79.1(e) for the benefit of the Holders of such series or in Section 10.05 or 10.06series, if before 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 (Interoil Corp), Indenture (Interoil Corp)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 3.02 for Securities of such series, the Company may, with respect to the Securities of any such series, omit in any particular instance instance, to comply with any term, provision or condition set forth in any covenant provided pursuant to Section 3.01(183.02(a), 9.01(29.01(ii) or 9.01(79.01(vii) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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, shall 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: Senior Indenture (Knoll Inc), Subordinated Indenture (Knoll Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1004 if before 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 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 2 contracts

Samples: Indenture (Duke Capital Financing Trust Iii), Duke Capital Financing Trust V

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the Company may, with respect to the Securities of any series, The Issuer may omit in any particular instance to comply with any term, provision or condition set forth in Sections 801, 802, 1002, 1003 or 1005 with respect to the Securities of any covenant series and, if expressly provided pursuant to Section 3.01(18)301 with respect to the Securities of such series, 9.01(2) or 9.01(7) for any additional covenants applicable to the benefit of the Holders Securities of such series or in Section 10.05 or 10.06, if before 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 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 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: Indenture (Notami Hospitals of Louisiana Inc), Indenture (HCA Holdings, Inc.)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, if before 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 (Forest City Enterprises Inc), Indenture (Forest City Enterprises Inc)

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06, 1005 if before 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: Aig Capital Trust I, Aig Capital Trust I

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(17), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 1004 or 10.061007, if before 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: Heinz Hj Finance Co, Heinz H J Co

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(21), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.061005, if before 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: TreeHouse Foods, Inc., Bay Valley Foods, LLC

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 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 provided Sections 1006, 1007 and, as specified pursuant to Section 3.01(18)301(15) for Securities of any series, 9.01(2in any covenants of the Company added to Article Ten pursuant to Section 301(14) or 9.01(7Section 301(15) for the benefit in connection with Securities of the Holders of such series or in Section 10.05 or 10.06a 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 shallall outstanding Securities, 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 (Deere & Co), Lci International Inc /Va/

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 301 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 Section 3.01(18301(20), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Article Eight or Section 10.05 or 10.061005, if before 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: Cleco Corp, Cleco Corp

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 for Securities of such series, the 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 Section 3.01(18301(b)(19), 9.01(2901(2) or 9.01(7901(7) for the benefit of the Holders of such series or in Section 10.05 or 10.06any of Sections 1002, 1004 and 1005, inclusive, if before 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 1 contract

Samples: Ipc Holdings LTD

Waiver of Certain Covenants. Except as otherwise specified as contemplated by Section 3.01 2.02 for Securities Notes of such seriesSeries, the Company may, with respect to the Securities Notes of any seriesSeries, omit in any particular instance to comply with any term, provision or condition set forth in any covenant provided herein or pursuant to Section 3.01(18), 9.01(22.02(s) or 9.01(7) Section 9.01(8)] for the benefit of the Holders of such series or in Section 10.05 or 10.06, Series if before the time for such compliance the Holders of at least a majority 50 percent in principal amount of the Outstanding Securities outstanding Notes of such series Series shall, by an 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 wavier 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 1 contract

Samples: Securities Indenture (Centene Corp)

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