Common use of Waiver of Certain Covenants Clause in Contracts

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 36 contracts

Samples: Indenture (Citizens Banking Corp), Agreement (Usf&g Corp), Trust Agreement (Usf&g Corp)

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Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 902 to Section 3.1905, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 16 contracts

Samples: California Bancorp (California BanCorp), Indenture (Southside Bancshares Inc), Amerant Bancorp Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 9.02 to Section 3.19.06, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 13 contracts

Samples: Indenture (Midland States Bancorp, Inc.), Indenture (Midland States Bancorp, Inc.), Indenture (German American Bancorp, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 9.02 to Section 3.19.05, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 13 contracts

Samples: Indenture (Home Bancorp, Inc.), Indenture (Home Bancorp, Inc.), Indenture (Investar Holding Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section Sections 3.1, 9.1(3) ), or 9.1(4) with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 12 contracts

Samples: Indenture (WSFS Financial Corp), National City Corp, PCC Capital I

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.110.04, 9.1(3) 10.05 and 10.07 or 9.1(4) with respect to any covenant added for the Securities benefit of any seriesseries of Securities as contemplated by Section 3.01, 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 at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditioninstance, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Cottonwood Land Co

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section Sections 3.1, 9.1(3) 9.1(c), or 9.1(49.1(d) with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 6 contracts

Samples: Silicon Valley Bancshares, Silicon Valley Bancshares, Asbc Capital Ii

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision, or condition provided pursuant to Section 3.1set forth in the provisions of any supplemental indenture specified in such supplemental indenture, 9.1(3) or 9.1(4) with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount Principal Amount of the Outstanding all outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 7.01, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, but no such waiver shall will extend to or affect such covenant 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 covenant term, provision, or condition shall will remain in full force and effect.

Appears in 6 contracts

Samples: Indenture (Lexmark International Inc /Ky/), Indenture (Home Depot Inc), Home Depot Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.17(c), 9.1(3Section 7(d) or 9.1(4Section 7(e) above with respect to the Securities of any series, this Subordinated Note if before or after the time for such compliance the Holders Noteholders of at least a majority in principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 4 contracts

Samples: Subordinated Note Purchase Agreement (ENB Financial Corp), Subordinated Note Purchase Agreement (First Keystone Corp), Subordinated Note Purchase Agreement (Franklin Financial Services Corp /Pa/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 1004 to Section 3.11008, 9.1(3) or 9.1(4) with respect to the Securities of any seriesinclusive, if before or after the time for such compliance the Holders of at least a majority more than 50% in principal amount of the Outstanding Securities of such each series of Securities entitled to the benefits thereof shall, in each case, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in and the duties of the Trustee for the Securities of each series with respect of to any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Altria Group (Philip Morris USA Inc.), Lorillard, Inc., Lorillard, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.11006, 9.1(3) or 9.1(4) 1007, 1008 and 1009 with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: National City Corp, National City Corp, National City Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision, or condition provided pursuant to Section 3.1set forth in the provisions of any supplemental indenture specified in such supplemental indenture, 9.1(3) or 9.1(4) with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Outstanding Securities of such series shall, by Act act of such HoldersHolders in accordance with Section 12.01, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, but no such waiver shall will extend to or affect such covenant 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 covenant term, provision, or condition shall will remain in full force and effect.

Appears in 4 contracts

Samples: Indenture (Southwestern Energy Co), Southwestern Energy Co, Southwestern Energy Co

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.01 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 4 contracts

Samples: Execution Copy (Bancorp Hawaii Capital Trust I), Securities Indenture (National City Capital Trust I), Usb Holding Co Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 9.1 to Section 3.19.5, 9.1(3) or 9.1(4) inclusive, with respect to the Debt Securities of any 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 shallDebt Securities, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 4 contracts

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

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.1 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Lincoln National Corp, Sierra Pacific Resources Capital Trust Ii, Liberty Financial Capital Trust Ii

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in this Article except Sections 11.01, 9.1(3) or 9.1(4) with respect to the Securities of any series11.02, 11.03, 11.07, 11.08 and 11.09 if before or after the time for such compliance the Holders of at least a majority in principal amount of the all Obligations then Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative), Indenture (Old Dominion Electric Cooperative)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in accordance with Section 3.1301(25), 9.1(3Section 901(2) or 9.1(4) Section 901(7), with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series then Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Nextel Communications Inc, Nextel Communications Inc, Indenture (Nextel Communications Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 301 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Chubb Capital Trust Iii, Nevada Power Co, Nevada Power Co

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1005 to Section 3.11009, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Owens Corning), Unova Inc, Owens Corning

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 1006 through 1011, 9.1(3) or 9.1(4) with respect to the Securities of any series1012(a), if 1013 and 1015 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionprovision, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Bell Technology Group LTD), Indenture (Concentric Network Corp), Indenture (Concentric Network Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1004 to Section 3.11008, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 3 contracts

Samples: Alco Standard Corp, Ikon Office Solutions Inc, Alco Capital Resource Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section Sections 3.1, 9.1(3) ), or 9.1(4) with respect to the Securities of any series), if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Fib Capital Trust, First Interstate Bancsystem of Montana Inc, Fib Capital Trust

Waiver of Certain Covenants. The Company may omit in respect of any series of Securities, in any particular instance instance, to comply with any covenant or condition provided pursuant to set forth in Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series1006, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such HoldersSecurityholders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Senior Indenture (Ccci Capital Trust Iii), Senior Indenture (Clear Channel Communications Inc), Indenture (Union Pacific Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision, or condition provided pursuant to set forth in Section 3.16.04 and the provisions of any supplemental indenture specified in such supplemental indenture, 9.1(3) or 9.1(4) with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, but no such waiver shall will extend to or affect such covenant 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 covenant term, provision, or condition shall will remain in full force and effect.

Appears in 3 contracts

Samples: Macy’ (Macy's Retail Holdings Inc), Indenture (Federated Retail Holdings Inc), Macy's, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in sections 1004 to Section 3.11006, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, if if, before or after the time for such compliance compliance, the Holders of at least a majority 50% in principal amount of the Outstanding Oustanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Thaxton Group Inc), Thaxton Group Inc, Thaxton Group Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 9.02 to Section 3.19.04, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Veritex Holdings, Inc.), Indenture (Green Bancorp, Inc.), Indenture (Green Bancorp, Inc.)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 1004 to Section 3.11008, 9.1(3) or 9.1(4) with respect to the Securities of any seriesinclusive, if before or after the time for such compliance the Holders of at least a majority more than 50% in principal amount of the Outstanding Securities of such each series of Securities affected by the omission shall, in each case by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in and the duties of the Trustee for the Securities of each series with respect of to any such covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Kraft Foods Inc, Philip Morris Companies Inc, Philip Morris Companies Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided set forth in Sections 3.3 to 3.4, inclusive, with respect to any Series of Securities or any covenant established with respect to such Series pursuant to Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series2.1(9), if before or after the time for such compliance the Holders of at least a majority 50% in principal amount of the Outstanding Securities of such series shallSeries at the time outstanding, by Act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Calpine Corp), Indenture (Calpine Capital Trust Iv), Indenture (Calpine Canada Energy Finance Ulc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 1004, 1005 and 1007 to Section 3.1, 9.1(3) or 9.1(4) 1010 inclusive with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Debt Securities at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 3 contracts

Samples: Indenture (Dayton Hudson Corp), Indenture (DMC Stratex Networks Inc), Minnesota Mining & Manufacturing Co

Waiver of Certain Covenants. The Company may omit in any --------------------------- particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.01 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Commonwealth Bankshares Inc, Commonwealth Bankshares Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 1005 to Section 3.11007, 9.1(3) or 9.1(4) with respect to the Securities of any seriesinclusive, if before or after the time for such compliance the Holders of at least a majority more than 50% in aggregate principal amount of the Outstanding Securities of such each series of Securities affected by the omission shall, in each case by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in and the duties of the Trustee for the Securities of each series with respect of to any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Humana Inc, Humana Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1set forth in Sections 1005 and 1006, 9.1(3) or 9.1(4) with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least not less than a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. 1101, 1102, 1103

Appears in 2 contracts

Samples: Indenture (Potlatch Corp), Indenture (Potlatch Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 802 through 804 and Sections 1002 to Section 3.11005, 9.1(3) or 9.1(4) each inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in and the duties of the Trustee with respect of to any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: PHH Corp, PHH Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision, or condition provided pursuant to set forth in Section 3.13.07, 9.1(3) or 9.1(4) Section 3.08 and the provisions of any supplemental indenture specified in such supplemental indenture, with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount Principal Amount of the Outstanding outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision, or condition, but no such waiver shall will extend to or affect such covenant 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 covenant term, provision, or condition shall will remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Home Depot Inc), Home Depot Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1005 to Section 3.11007, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Unova Inc, Gap Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) set forth in Sections 1004 and 1005 with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Senior Securities of such series shall, by Act the act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Carlisle Companies Inc, Carlisle Companies Inc

Waiver of Certain Covenants. The Subject to Section 902, the Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Article Eight and Sections 1004 to 1023, inclusive, Article Eleven, and Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series, 1306 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 Notes shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Sanmina-Sci Corp), Indenture (Sanmina-Sci Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.17.4, 9.1(3) or 9.1(4) with respect to the Securities of any seriesSections 10.6 through 10.11 and Sections 10.14 through 10.20, if if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Notes at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditionprovision, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Bally Franchise RSC Inc, Bally Franchise RSC Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.11005, 9.1(3) or 9.1(4) with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Debt Securities of such series at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Bankamerica Corp/De/), Indenture (Sovereign Capital Trust Iv)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 10.4 to Section 3.110.7, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provisions 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Pitney Bowes Credit Corp, Pitney Bowes Inc /De/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1set forth in Sections 10.4 through 10.8, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, 66 series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance instances or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Argyle Television Inc, Argyle Television Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.1, 9.1(3) or 9.1(4) 4.07 and Section 4.08 with respect to the Debt Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Pioneer Natural Resources Usa Inc, Pioneer Natural Resources Usa Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) set forth in any covenant specified with respect to the any series of Securities of any series, as contemplated by Section 3.01 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Atlas Air Inc, Atlas Air Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.1, 9.1(3) 1004 or 9.1(4) as specified as contemplated by Section 301 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Trust Agreement (Hartford Financial Services Group Inc/De), Hartford Capital Iv /De/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.110.04, 9.1(3) 10.05 and 10.07 through 10.09 or 9.1(4) with respect to any covenant added for the Securities benefit of any seriesseries of Securities as contemplated by Section 3.01, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or conditioninstance, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Kerr McGee Corp /De, Kerr McGee Corp /De

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.11005, 9.1(3) 1006 or 9.1(4) 1007 with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Senior Indenture (Capital One Financial Corp), Senior Indenture (Capital One Financial Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance instance, to comply with any covenant or condition provided pursuant to set forth in Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series10.05, if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of all Outstanding Securities, and the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such each series shallto be affected, by Act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Subordinated Indenture (Lincoln National Corp), Subordinated Indenture (Lincoln National Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 10.04 to Section 3.110.07, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provisions 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Pitney Bowes Inc /De/), Indenture (Pitney Bowes Credit Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.1, 9.1(37(a) or 9.1(4Section 7(b) above, with respect to the Securities of any series, this Subordinated Note if before or after the time for such compliance the Holders Noteholders of at least a majority in principal amount of the Outstanding Securities outstanding Subordinated Notes, by act of such series shall, by Act of such HoldersNoteholders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 2 contracts

Samples: Subordinated Note Purchase Agreement, Subordinated Note Purchase Agreement (Wellesley Bancorp, Inc.)

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Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 10.03 to Section 3.110.07, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, either series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: Indenture (Gap Inc), Gap Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 2 contracts

Samples: American General Capital Iv, American General Corp /Tx/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.01 with respect to the Securities of any series, 88 81 if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Bancorpsouth Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.1 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a 46 53 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 covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect. SECTION 10.6.

Appears in 1 contract

Samples: Republic New York Capital Iv

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 1004, 9.1(3) or 9.1(4) 1005 and 1007 with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Debt Securities at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Century Casinos Inc /Co/)

Waiver of Certain Covenants. The Company may omit in any --------------------------- particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) set forth in Sections 4.07 and 4.08 with respect to the Debt Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Electronic Data Systems Corp /De/

Waiver of Certain Covenants. The Company may omit in ---------------------------- any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) set forth in Sections 4.07 and 4.08 with respect to the Debt Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in aggregate principal amount of the Outstanding Debt Securities of such series shall, by Act of such Holders, shall either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Electronic Data Systems Corp /De/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 1006 through 1011, 9.1(3) or 9.1(4) with respect to the Securities of any series1013, if 1014, 1015 and 1017 through 1020, if, before or after the time for such compliance compliance, the Holders of at least not less than a majority in aggregate principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Buckeye Technologies Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 1004, 9.1(3) or 9.1(4) 1005, 1007 and 1108, inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Hartford Capital Iv /De/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in this Article Nine, 9.1(3) other than any such covenant or 9.1(4) with respect to the Securities of any seriescondition contained in Sections 9.01, 9.02 or 9.08, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Notes at the time Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, waived and, until such waiver shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Supplemental Indenture (Carter Holdings Inc)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1005 to Section 3.11009, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Owens Corning Capital Ii

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in Section 3.11005, 9.1(3) or 9.1(4) with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance the Holders of at least a majority 66-2/3% in principal amount of the Outstanding Debt Securities of such series at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1set forth in Sections 1010, 9.1(3) or 9.1(4) 1011 and 1012, with respect to the Securities of any series, series if before or after the tile 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 covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Pioneer Standard Electronics Inc

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1005 to Section 3.11010, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Precision Castparts Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to set forth in accordance with Section 3.1301(25), 9.1(3Section 901(2) or 9.1(4) Section 901(7), with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series then Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Nextel Communications Inc

Waiver of Certain Covenants. The Company may omit in any particular instance and its Subsidiaries will not be required to comply with any covenant term, provision or condition provided pursuant to Section 3.1of the covenants, 9.1(3) and with any other term, provision or 9.1(4) condition with respect to the Securities Series A Preferred Shares (except for any term, provision or condition that could not be amended without the consent of any seriesall of the holders of the Series A Preferred Shares), if before or after the time for such compliance compliance, the Holders 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 Series A Preferred Shares then outstanding waive compliance with such covenant or condition, but no such waiver shall extend to or affect such the covenant or condition except in that instance or generally. Except to the extent so expressly waived, and, and until such the waiver shall become is effective, the obligations of the Company and its Subsidiaries in respect of any such covenant term, provision or condition condition, shall remain in full force and effect.

Appears in 1 contract

Samples: Operating Agreement (Municipal Mortgage & Equity LLC)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 4.5, 9.1(3) or 9.1(4) with respect to the Securities of any series4.9 and 4.10, if before or after the time for such compliance the Holders of at least a majority in principal amount Principal Amount of the Outstanding Securities applicable outstanding Notes of such series shall, by Act of such HoldersHolders either waive, either waive with respect to such series of Notes, such compliance in such instance or generally waive waive, with respect to such series of Notes, compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver waiver, with respect to each series of Notes, as applicable, shall become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Gtech Holdings Corp

Waiver of Certain Covenants. The Company may omit in ---------------------------- any particular instance to comply with any covenant or condition provided pursuant to Section 3.13.01, 9.1(39.01(3) or 9.1(49.01(4) with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: National Commerce Financial Corp

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1004 to Section 3.11008, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority 66-2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (Inco LTD)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 10.4 and 10.5, 9.1(3) or 9.1(4) with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance compliance, the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Debt Securities of such series at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Sovereign Capital Trust V)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Section 9.02 to Section 3.19.05, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated Notes if 123157889v4 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision or condition, but no such waiver shall will extend to or affect such covenant term, provision or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision or condition shall will remain in full force and effect.

Appears in 1 contract

Samples: Southern States Bancshares, Inc.

Waiver of Certain Covenants. The Company may omit in ---------------------------- any particular instance to comply with any covenant or condition provided pursuant to as specified as contemplated by Section 3.1, 9.1(3) or 9.1(4) 3.01 with respect to the Securities of any series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Central Fidelity Capital Trust I

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any 64 68 series, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in respect of any such covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Guarantee Agreement (Comerica Capital Trust Ii)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant set forth in Sections 802 through 804 and Sections 1002 to Section 3.11005, 9.1(3) or 9.1(4) each inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such covenant or condition except to the extent so expressly waived, and, until such waiver shall become effective, the obligations of the Company in and the duties of the Trustee with respect of to any such covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Indenture (PHH Corp)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant set forth in Sections 1004 to Section 3.11006, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority 66-2/3% in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Subordinated Indenture (Inco LTD)

Waiver of Certain Covenants. The Company may omit in respect of any series of Securities, in any particular instance instance, to comply with any covenant or condition provided pursuant to Section 3.1, 9.1(3) or 9.1(4) with respect to the Securities of any seriesset forth in Sections 1006 through 1008, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Securities at the time Outstanding Securities of such series shall, by Act of such HoldersSecurityholders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.. ARTICLE ELEVEN

Appears in 1 contract

Samples: Senior Indenture (Plains Exploration & Production Co)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to Section 3.1set forth in Sections 10.04 or 10.05, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant term, provisions 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Pitney Bowes Inc /De/

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant or condition provided pursuant to Section 3.1set forth in Sections 1004 and 1005, 9.1(3) or 9.1(4) with respect to the Debt Securities of any seriesseries if, if before or after the time for such compliance the Holders of at least a majority 66 2/3% in principal amount of the Outstanding Debt Securities of such series at the time Outstanding shall, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant or condition, but no such waiver shall extend to or affect such 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 covenant or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Bankamerica Corp/De/)

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision, or condition provided pursuant set forth in Section 9.02 to Section 3.19.05, 9.1(3) or 9.1(4) inclusive, with respect to the Securities of any series, Subordinated 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 shallSubordinated Notes, by Act of such Holders, either will waive such compliance in such instance or generally waive will have waived compliance with such covenant term, provision, or condition, but no such waiver shall will extend to or affect such covenant term, provision, or condition except to the extent so expressly waived, and, until such waiver shall will become effective, the obligations of the Company and the duties of the Trustee in respect of any such covenant term, provision, or condition shall will remain in full force and effect.. Section 9.07

Appears in 1 contract

Samples: Reliant Bancorp, Inc.

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.1, 9.1(33.1(o) or 9.1(4) and Article IV with respect to the Securities of any series, series if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallseries, by Act act of such Holders, either shall waive such compliance in such instance or generally waive shall have waived compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Quanta Capital Holdings LTD

Waiver of Certain Covenants. The Company may omit in any particular instance to comply with any covenant term, provision or condition provided pursuant to set forth in Section 3.18.03 or Section 10.07 or Sections 10.10 110 through 10.14, 9.1(3) inclusive, or 9.1(4) with respect to the Securities of any seriesSections 10.17 through 10.19, inclusive, if before or after the time for such compliance the Holders of at least a majority in principal amount of the Outstanding Securities of such series shallSenior Notes, by Act of such Holders, either waive such compliance in such instance or generally waive compliance with such covenant term, provision or condition, but no such waiver shall extend to or affect such covenant 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 covenant term, provision or condition shall remain in full force and effect.

Appears in 1 contract

Samples: Indenture (Leitesol Industry & Commerce Inc.)

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