Amendments to Article. 1. -----------------------
Amendments to Article. 8 Article 8 is hereby deleted in its entirety and replaced with the following:
Amendments to Article. 5 Each of the Company and the Trustees agrees, and each Holder of Securities, by its acceptance thereof, likewise agrees, not to make any changes to (i) this Article 5, (ii) the definitions of Senior Indebtedness or Senior Default, or (iii) any other provision of this Indenture that makes reference to this Article 5 or any provision of this Article 5, without the consent of each holder of Senior Indebtedness (other than trade creditors), or their representative or the trustee under any indenture under which any instruments evidencing any of such Senior Indebtedness may have been issued.
Amendments to Article. 5. (a) Clause (d)(i) of Section 5.18 of the Credit Agreement is hereby amended and restated to read in its entirety as follows:
Amendments to Article. 1. Section 1.01 is amended as follows:
Amendments to Article. 12.1 Article 12.1 is deleted and replaced with:
Amendments to Article. 5 Each of the Corporation and the Debenture Agent (relying on the opinion of Counsel) agrees, and each holder of a Debenture, by his acceptance thereof, likewise agrees, not to make any changes to this Indenture or the Debentures, including this Article 5 or the definition of Senior Indebtedness, which prejudice the rights of the holders of Senior Indebtedness under this Article 5 without the consent of the holders of Senior Indebtedness or their representative or the trustee under any indenture under which any instruments evidencing any of such Senior Indebtedness may have been issued.
Amendments to Article. VIII. No provision of this Article VIII may be amended or waived absent the prior written consent of all Lenders and Agent. Borrower’s approval shall not be required for the amendment or waiver of any provision of this Article VIII; provided, however, Borrower’s written consent shall be required for any amendment of this Article VIII that would eliminate the position of Agent.
Amendments to Article. Notwithstanding any other provisions of law, this Certificate of Incorporation or the Bylaws of the Corporation that may otherwise permit a lesser vote, but in addition to any vote of the holders of shares of any class or series of capital stock of the Corporation required by law or this Certificate of Incorporation, the affirmative vote of the holders of at least seventy-five percent (75%) of the voting power of the outstanding shares of capital stock of the Corporation entitled to vote in the election of directors shall be required to amend or repeal, or to adopt any provision inconsistent with, this Article NINTH.
