WAIVERS TO INDENTURE Sample Clauses

WAIVERS TO INDENTURE. 1. Pursuant to Section 9.02 of the Indenture, and subject to the limitations set forth below, the Holder Parties hereby waive compliance with any term or provision of the Indenture that would cause any of the following to constitute or become a Default or Event of Default under the Indenture: (a) the commencement of the Bankruptcy Cases, (b) the confirmation and consummation of the Plan, including, without limitation, the Exchange Transaction, (c) any cross-Defaults or cross-Events of Defaults by reason of defaults or events of default under or with respect to the Existing Notes, the guarantees thereof and/or the indenture governing the Existing Notes and (d) the failure to file with SEC, and to supply to the Trustee or any Holder or any other Person, audited financial statements of the Company or the Parent as of and for the fiscal year ending June 30, 2007 within the time period specified in the SEC’s rules and regulations; provided, however, that upon the earlier of the Waiver and Agreement Expiration Date or the Waiver Termination Date, full compliance with all of the provisions of the Indenture shall be required and the foregoing waivers shall cease to be in effect automatically, and provided further that nothing herein shall be deemed to waive compliance with any provision or term of the Indenture for which the consent of the Holders of at least a majority in principal amount outstanding of the Notes are not empowered to waive on behalf of all Holders under the provisions of Section 9.02 of the Indenture or the Trust Indenture Act. As of the Waiver and Agreement Expiration Date or the Waiver Termination Date, all Defaults and Events of Default that would have occurred but for this Waiver shall constitute Defaults or Events of Default, as the case may be, as of the Waiver and Agreement Expiration Date or the Waiver Termination Date, as the case may be, and the Trustee and the Holders shall have all of the rights and remedies relating thereto without any limitation by reason of this Agreement.
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Related to WAIVERS TO INDENTURE

  • Amendments to Indenture The Indenture is hereby amended as follows:

  • Relation to Indenture This Supplemental Indenture constitutes an integral part of the Indenture.

  • Amendment to Indenture Party B agrees that it shall not amend, modify or waive any provisions in the Indenture without the consent of Party A if such amendment, modification or waiver would have a material adverse effect on Party A’s rights under this Agreement.

  • Relation to Indenture Definitions SECTION 1.01 This Supplemental Indenture constitutes an integral part of the Indenture.

  • Compliance with Indenture The Borrower will comply with the provisions of Section 1005 of the Public Indenture, which provision, together with related definitions, are hereby incorporated herein by reference for the benefit of the Lenders and shall continue in effect for purposes of this Section 4.05 regardless of termination, or any amendment or waiver of, or any consent to any deviation from or other modification of, the Public Indenture; provided, however, that, for purposes of this Section 4.05, (a) references in the Public Indenture to “the Securities” shall be deemed to refer to the obligation of the Borrower to pay the principal of and interest on its Loans, (b) references in the Public Indenture to “the Trustee” shall be deemed to refer to the Administrative Agent, (c) references in the Public Indenture to “this Indenture” shall be deemed to refer to this Agreement, and (d) references in the Public Indenture to “supplemental indentures” shall be deemed to refer to amendments or supplements to this Agreement.

  • Ratification of Indenture; Supplemental Indenture Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall be bound hereby.

  • Ratification of Indenture; Supplemental Indentures Part of Indenture Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture shall form a part of the Indenture for all purposes, and every holder of Securities heretofore or hereafter authenticated and delivered shall be bound hereby.

  • RATIFICATION OF INDENTURE; SUPPLEMENTAL INDENTURE FOR ADDITIONAL GUARANTEES PART OF INDENTURE Except as expressly amended hereby, the Indenture is in all respects ratified and confirmed and all the terms, conditions and provisions thereof shall remain in full force and effect. This Supplemental Indenture for Additional Guarantees shall form a part of the Indenture for all purposes, and every Holder of Notes heretofore or hereafter authenticated and delivered shall by bound hereby.

  • 4 Indenture 4 interest.......................................... 4

  • Ratification of Indenture; Amendments As supplemented by this Indenture Supplement, the Indenture is in all respects ratified and confirmed and the Indenture as so supplemented by this Indenture Supplement shall be read, taken and construed as one and the same instrument. This Indenture Supplement may be amended only by a Supplemental Indenture entered in accordance with the terms of Section 9.1 or 9.2 of the Indenture. For purposes of the application of Section 9.2 to any amendment of this Indenture Supplement, the Series 2012-1 Noteholders shall be the only Noteholders whose vote shall be required.

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