Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 16 contracts

Samples: Indenture (OHI Healthcare Properties Limited Partnership), Indenture (Omega Healthcare Investors Inc), Omega Healthcare Investors Inc

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Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b10.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 15 contracts

Samples: Seventeenth Supplemental Indenture (MPT Operating Partnership, L.P.), Supplemental Indenture (MPT Operating Partnership, L.P.), Sixteenth Supplemental Indenture (MPT Operating Partnership, L.P.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 13 contracts

Samples: Indenture (LGI Homes, Inc.), Indenture (AMI 2, Inc.), Indenture (AMI 2, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Issuers or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 12 contracts

Samples: Senior Indenture (Linn Energy, LLC), Indenture (EQT MIDSTREAM FINANCE Corp), Indenture (EQT MIDSTREAM FINANCE Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms (except as provided in the second succeeding paragraph) and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of the clauses (1) through (8) 9) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 11 contracts

Samples: Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp), Indenture (Holly Energy Partners Lp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 11 contracts

Samples: Indenture (Chesapeake Oilfield Operating LLC), Chesapeake Oilfield (Mid-States Oilfield Supply LLC), Indenture (Chesapeake Midstream Partners Lp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 10 contracts

Samples: Indenture (California Steel Industries Inc), Indenture (Roadhouse Grill Inc), Indenture (National Vision Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate of the Company certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described referred to in any of clauses (1‎‎(i) through (8) ‎(viii) of Section 9.02(b‎Section 10.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 10 contracts

Samples: Indenture (JBS Holding Luxembourg S.A R.L.), JBS S.A., JBS S.A.

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 10 contracts

Samples: Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.), Indenture (Ryman Hospitality Properties, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or the Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or the Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 10 contracts

Samples: Phillips 66, Phillips 66, Phillips 66 Co

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives written notice from the Issuer (or an Officers’ Certificate agent employed by the Issuer to collate or tabulate consents from Holders of the Notes) certifying that the Holders of the requisite principal amount of the Notes have consented (and not theretofore revoked such consent) to the amendment or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer may fix a record date for determining which Holders must consent to such amendment, supplement or waiver. The If the Issuer may, but shall not be obligated to, fix fixes a record date for date, the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.5 (List of Holders) or (ii) such other date as the Issuer shall designate. If a record date is fixed, then notwithstanding the last sentence Section 9.3 (Notation on or Exchange of the immediately preceding paragraphNotes), those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent (or the appointment of a proxy) previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Indenture (Central European Distribution Corp), Indenture (Latchey LTD), Restricted Payments (CEDC Finance Corp LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Indenture (Huntsman CORP), Indenture (Huntsman CORP), Indenture (Huntsman International LLC)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)10.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Indenture (Collins & Aikman Products Co), Indenture (Horton D R Inc /De/), Collins & Aikman Products Co

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to the Trustee or the Issuer received a Security before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 thirty (30) days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Securities who has consented to it and every subsequent Holder of a Note Securities or portion of a Note Securities that evidences the same debt as the consenting Holder’s NoteSecurities; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a NoteSecurity, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Indenture (Transwitch Corp /De), Indenture (Transwitch Corp /De), Indenture (Btu International Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) j) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Indenture (Atlas Pipeline Partners Lp), Indenture (Atlas Pipeline Partners Lp), Supplemental Indenture (Atlas Pipeline Partners Lp)

Revocation and Effect of Consents. A consent to any amendment, supplement or waiver under the Indenture by any Holder given in connection with a purchase, tender or exchange of such Holder’s Notes shall not be rendered invalid by such purchase, tender or exchange. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)902 of the Indenture, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 8 contracts

Samples: Fifth Supplemental Indenture (Whiting Petroleum Corp), Second Supplemental Indenture (Whiting Petroleum Corp), Fourth Supplemental Indenture (Whiting Petroleum Corp)

Revocation and Effect of Consents. Until A consent to an amendment, a supplement or a waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note its Security or portion of his Note by notice to a Security if the Trustee or the Issuer received before receives written notice of revocation at any time prior to (but not after) the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder, and a consent thereto given in connection with a tender of a Holder’s Securities shall not be rendered invalid by such tender. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to take any other action with respect to the first solicitation of such consentSecurities under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder of the series of Securities unless it makes a change is of the type described in any of clauses (1Section 8.02(i) through (8) of Section 9.02(b8.02(viii), in which . In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 7 contracts

Samples: Reconciliation And (Nabors Industries Inc), Reconciliation And (Nabors Industries Inc), Reconciliation And (Nabors Industries Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and, except as provided in the second succeeding paragraph, thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 7 contracts

Samples: Indenture (Linn Energy, LLC), Indenture (Linn Energy, LLC), Supplemental Indenture (Linn Energy, LLC)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 7 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (Richmond American Homes of Northern California Inc), Indenture (MDC Holdings Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required under this Indenture for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 7 contracts

Samples: Chaparral Energy, Inc., Indenture (Chaparral Energy, Inc.), Indenture (Chaparral Energy, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 7 contracts

Samples: Indenture (Pride International Inc), Pioneer Companies Inc, Halliburton Co

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendmentamendment or waiver. After an amendment or waiver becomes effective, supplement it shall bind every Holder of each series of Securities affected by such amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement amendment or waiver becomes effective, effective it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 3) of Section 9.02(b902(c), in which . In such case, the amendment, supplement amendment or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note or portion of a Note Security that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 6 contracts

Samples: Indenture (Core Molding Technologies Inc), Indenture (Core Molding Technologies Inc), Indenture (Fox Factory Holding Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms (except as provided in the second succeeding paragraph) and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of the clauses (1) through (8) 9) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 6 contracts

Samples: Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp), Indenture (Antero Midstream Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)8.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 6 contracts

Samples: Indenture (CNH Industrial Capital LLC), Indenture (CNH Industrial Capital LLC), Indenture (CNH Capital LLC)

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities of any Series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 6 contracts

Samples: Indenture (Standard Pacific Corp /De/), Indenture (Standard Pacific Corp /De/), Standard Pacific Corp /De/

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 10.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)10.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 6 contracts

Samples: Supplemental Indenture (Markwest Energy Partners L P), Indenture (Markwest Energy Partners L P), First Supplemental Indenture (Cloud Peak Energy Resources LLC)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder holder of a Convertible Subordinated Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Convertible Subordinated Note or portion of a Convertible Subordinated Note that evidences the same debt as the consenting Holder’s holder's Convertible Subordinated Note, even if notation of the consent is not made on any Convertible Subordinated Note. However, any such Holder holder or subsequent Holder holder may revoke the consent as to his or her Convertible Subordinated Note or portion of his a Convertible Subordinated Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders holders of the requisite principal amount of Convertible Subordinated Notes have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Convertible Subordinated Notes entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders holders of Convertible Subordinated Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from holders of the fixed record date if applicable. After an amendment, supplement principal amount of Convertible Subordinated Notes required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 5 contracts

Samples: School Specialty (School Specialty Inc), Indenture (Amkor Technology Inc), Indenture (School Specialty Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 above or (ii) such other date as the Company may designate. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 180 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; providedprovided that, howeverwithout the consent of a Holder, that any such waiver shall not impair or affect the right of any such Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 5 contracts

Samples: Indenture (Terex Corp), Indenture (Terex Corp), Indenture (Terex Corp)

Revocation and Effect of Consents. Until an amendment, supplement, waiver or supplement other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of his Note by a Note, if the Trustee receives the written notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. If no such record date is fixed, the record date shall be the later of 30 days prior to the solicitation of such consent or the date of the most recent list of Holders provided to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked pursuant to Section 2.06 prior to such consent) to the amendment, supplement or waiversolicitation. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement supplement, or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date unless the Trustee in writing consent of the fixed record date if applicablerequisite number of Holders has been obtained. After an amendment, supplement supplement, waiver or waiver other action becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b8.02(b), in which case, . In that case the amendment, supplement supplement, waiver or waiver other action shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: M/I Homes, Inc., Indenture (M I Homes Inc), M/I Homes, Inc.

Revocation and Effect of Consents. Subject to this Indenture, each amendment, waiver or instrument evidencing other action shall become effective in accordance with its terms. Until an amendment, waiver or supplement other action becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any NoteSecurity. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Security or portion of his Note by notice to a Security, if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement waiver or waiverother action becomes effective. The Issuer Trustee may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), ) and only those Personspersons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consent from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement waiver or waiver other action becomes effective, pursuant to Section 9.01 or Section 9.02, as the case may be, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurityholder.

Appears in 5 contracts

Samples: Sizeler Property Investors Inc, Sizeler Property Investors Inc, Sizeler Property Investors Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 5 contracts

Samples: Indenture (Hilltop Holdings Inc.), Westlake Chemical Corp, Senior Indenture (Exterran Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b)8.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: Affinity Group Holding, Inc., Affinity Group Inc, Supplemental Indenture (TNP Enterprises Inc)

Revocation and Effect of Consents. Until an amendment, ---------------------------------- supplement or waiver or supplement becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Debenture is a continuing consent by the Holder and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of his Note by notice to a Debenture. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the Holders of the requisite percentage in principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiveroutstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentindenture supplemental hereto. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to revoke any consent previously givento such supplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 90 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver consent previously given shall not impair or affect the right of automatically and without further action by any Holder to receive payment be canceled and of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderno further effect.

Appears in 5 contracts

Samples: Indenture (Intervest Corporation of New York), Indenture (Intervest Corporation of New York), Indenture (Intervest Bancshares Corp)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 5 contracts

Samples: Indenture (Jones Energy, Inc.), Indenture (Jones Energy, Inc.), Indenture (Jones Energy Holdings, LLC)

Revocation and Effect of Consents. Until an amendment, amendment or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Requisite Noteholders have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days ten (10) Business Days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement amendment or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) g) of Section 9.02(b)9.1, in which case, the amendment, supplement amendment or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: Note Purchase Agreement (Regent Assisted Living Inc), Note Purchase Agreement (Regent Assisted Living Inc), Note Purchase Agreement (Regent Assisted Living Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any Notesuch Security. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. Such amendment, waiver or supplement, as the case may be, shall be effective upon receipt by the Trustee of such Officer's Certificate. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence two sentences of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer All Holders that consent to such modification, waiver or action in the manner and within the time period requested shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder be entitled to receive payment of principal ofthe consideration, and interest onif any, a Note, on or after the respective due dates therefor, or to bring suit offered for the enforcement of any such payment on or after such respective dates without the consent of such Holderconsent.

Appears in 5 contracts

Samples: Tia Indenture (Toyota Auto Lease Trust 1998-B), Tia Indenture (Toyota Lease Trust), Toyota Motor Credit Corp

Revocation and Effect of Consents. Until an amendment, ------------------------------------- supplement or waiver or supplement becomes effective, a consent to it an amendment, supplement or waiver by a Holder of a Debenture is a continuing consent by the Holder and every subsequent Holder of a Note that Debenture or portion of a Note that Debenture that evidences the same debt as the consenting Holder’s Note's Debenture, even if notation of the consent is not made on any NoteDebenture. However, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note Debenture or portion of his Note by notice to a Debenture. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective on which receipt by the Trustee receives an Officers’ Certificate certifying that of written consents from the Holders of the requisite percentage in principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiveroutstanding Debentures. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders persons entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentindenture supplemental hereto. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at on such record date (date, or their duly designated proxies), and only those Personssuch persons, shall be entitled to revoke any consent previously givento such supplemental indenture, whether or not such Persons continue to be Holders remain Holders after such record date. No ; provided, that unless such consent shall be valid or have become effective for more than 90 days by virtue of the requisite percentage having been obtained prior to the date which is six months after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver consent previously given shall not impair or affect the right of automatically and without further action by any Holder to receive payment be canceled and of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderno further effect.

Appears in 5 contracts

Samples: Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp), Indenture (Intervest Mortgage Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Co-Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Co-Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Co-Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that the Co-Issuers and the Trustee are able to identify the particular Note which has so consented; provided, howeverfurther, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest (if any) and premium on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: Intercreditor Agreement (Navios Maritime Holdings Inc.), Supplemental Indenture (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: Indenture (Youngs Creek Mining Co LLC), Indenture (Youngs Creek Mining Co LLC), Indenture (Cloud Peak Energy Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 5 contracts

Samples: Supplemental Indenture (CoreCivic, Inc.), Second Supplemental Indenture (CoreCivic, Inc.), First Supplemental Indenture (Corrections Corp of America)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 5 contracts

Samples: Indenture (XCL LTD), Indenture (Magnum Hunter Resources Inc), Atc Group Services Inc /De/

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officer’s Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date Record Date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required under this Indenture for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90 day period.

Appears in 5 contracts

Samples: First Supplemental Indenture (GMX Resources Inc), Intercreditor Agreement (GMX Resources Inc), Indenture (GMX Resources Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a any change described in any of clauses (1) through (8) of Section 9.02(b9.2(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (Hawk Brake Inc), Indenture (Hawk Motors Inc), Indenture (Hawk Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if INDENTURE (16% Junior Subordinated) notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Notwithstanding the above, nothing in this paragraph shall impair the right of any holder under Section 316(b) of the TIA. Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If When a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)7.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Scott Cable Communications Inc, Scott Cable Communications Inc, Scott Cable Communications Inc

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b9.2(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Supplemental Indenture (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health (Sabra Health Care REIT, Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Partnership or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Partnership or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 4 contracts

Samples: ETC Texas Pipeline, LTD, ETC Texas Pipeline, LTD, Heritage Operating Lp

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. For purposes of this Indenture, the consent of the Holder of a Global Security shall be deemed to include any consent delivered by any member of, or participant in, any Depository or DTC, any nominees thereof and their respective successors and assigns, or such other depository institution hereinafter appointed by the Issuer ("Depository Entity") by electronic means in accordance with the Automated Tender Offer Procedures system or other customary procedures of, and pursuant to authorization by, such Depository Entity. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action required or permitted to any amendment, supplement or waiver, which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the last sentence first paragraph of the immediately preceding paragraphthis Section 9.04, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be become valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing Any Holder entitled hereunder to give, make or take any action under this Indenture with regard to any particular Note may do so, or duly appoint any Person or Persons as its agent or agents to do so, with regard to all or any part of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent amount of such HolderNote.

Appears in 4 contracts

Samples: Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc), Indenture (Swift Transportation Co Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder Noteholder of a Security is a continuing consent by the Holder Noteholder and every subsequent Holder Noteholder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteNoteholder's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent as to his Note such Noteholder's Security or portion of his Note by notice to a Security if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Holders Noteholders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders Noteholders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Noteholders of the fixed record date if applicable. After an principal amount of Securities required hereunder for such amendment, supplement or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 4 contracts

Samples: Indenture (Young & Rubicam Inc), Benchmark Electronics Inc, Doubleclick Inc

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Co-Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Co-Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Co-Issuers shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that the Co-Issuers and the Trustee are able to identify the particular Note which has so consented; provided, howeverfurther, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest interest, Additional Interest (if any) and premium on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Supplemental Indenture (Petrolera San Antonio S.A.), Navios South American (Navios Maritime Holdings Inc.), Indenture (Navios Maritime Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 thirty (30) days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (Alere Inc.), Supplemental Indenture (Inverness Medical Innovations Inc), Supplemental Indenture (Inverness Medical Innovations Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or and the Issuer received Company receive written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be be, at the Company’s election, either (a) at least 30 days prior to the first solicitation of such consentconsent or (b) the date of the most recent list furnished to the Trustee under Section 2.05. If a record date is fixed, then notwithstanding the second to last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No A consent to any amendment, supplement or waiver under any Indenture Document by any Holder given in connection with a purchase of, or tender offer or exchange offer for, such consent Holder’s Notes shall not be valid rendered invalid by such purchase, tender or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicableexchange. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder unless it makes a change described in any Section 10.02 which cannot be made without the consent of clauses (1) through (8) of Section 9.02(b)each Holder affected, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, premium, if any, and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.), Indenture (CURO Group Holdings Corp.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his its Note or portion of his its Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who that were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, case the amendment, supplement or waiver shall bind only each Holder of a Note who that has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Supplemental Indenture (PGT Innovations, Inc.), PGT Innovations, Inc., Indenture (Advanced Disposal Services, Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1i) through (8) vi) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a NoteSecurity, on or after the respective due dates thereforexpressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (Buhrmann Nederland B.V.), Indenture (Moore Labels Inc), Indenture (Asap Software Express Inc)

Revocation and Effect of Consents. A consent to any amendment, supplement or waiver under this Indenture by any Holder given in connection with a purchase, tender or exchange of such Holder’s Notes shall not be rendered invalid by such purchase, tender or exchange. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)902 of this Indenture, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Senior Indenture (Whiting Petroleum Corp), Sixth Supplemental Indenture (Whiting Petroleum Corp), Third Supplemental Indenture (Whiting Petroleum Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b)8.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (American Greetings Corp), Indenture (American Greetings Corp), Supplemental Indenture (American Greetings Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 4 contracts

Samples: Indenture (Huntsman LLC), Indenture (Huntsman Polymers Corp), Huntsman Advanced Materials (UK) LTD

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 3) of Section 9.02(b)9.2 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on(and Liquidated Damages, if any) on a Note, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 4 contracts

Samples: Indenture (Penton Media Inc), Radiologix Inc, Tri City Dialysis Center Inc

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and thereafter binds every Holder of the requisite principal amount of Notes have consented (a Security whether theretofore or thereafter authenticated and not theretofore revoked such consent) to the amendment, supplement or waiverdelivered. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 4 contracts

Samples: Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc), Supplemental Indenture (Integrated Health Services Inc)

Revocation and Effect of Consents. Until After an amendment, supplement, waiver or supplement other action becomes effective, a consent to it by a Holder of a Note is a continuing consent by the conclusive and binding upon such Holder and every subsequent Holder of a the same Note or portion thereof, and of a any Note that evidences issued upon the same debt as the consenting Holder’s Notetransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder, whether or not they have consented to such action or were present at the meeting at which such action was taken and every subsequent Holder of the same Note or portion thereof, and of any Note issued upon the transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Note. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement supplement, or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then then, notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderthe requisite number of Holders has been obtained.

Appears in 3 contracts

Samples: Note (Reynolds American Inc), British American Tobacco p.l.c., British American Tobacco p.l.c.

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note Security that evidences all or a portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 3 contracts

Samples: Indenture (Riley Exploration Permian, Inc.), KLX Energy Services Holdings, Inc., Berry Petroleum Company, LLC

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver (at which time such amendment, supplement or waiver shall become effective). The Issuer Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the a consenting Holder’s 's Note; provided, however, that any such waiver shall not -------- ------- impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Huntsman Texas Holdings LLC, Huntsman Texas Holdings LLC, Tioxide Americas Inc

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Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 10) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 3 contracts

Samples: Patterson (Patterson Uti Energy Inc), Patterson (Patterson Uti Energy Inc), Patterson Uti Energy Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) i) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Supplemental Indenture (Atlas Resource Partners, L.P.), Indenture (Atlas Resource Partners, L.P.), Supplemental Indenture (Atlas Energy Resources, LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s NoteNoteholder; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on, on a Note, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 3 contracts

Samples: Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp), Indenture (Transtexas Gas Corp)

Revocation and Effect of Consents. Until an amendment, supplemental indenture or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the such Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the such consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, prior to becoming effective, any such Holder or subsequent Holder may revoke the consent as to his Note its Notes or a portion of his Note by notice to the Trustee or the Issuer received before the date on which thereof if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before the consent of Holders of the requisite aggregate principal amount of Notes have consented (then outstanding has been obtained and not theretofore revoked such consent) to the amendment, supplement or waiverrevoked. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Notes required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement amendment or waiver becomes effective, effective it shall bind every Holder; provided, unless it makes a change described however, that in the case of any of amendment referred to in clauses (1) through (8) 5) of Section 9.02(b), in which case, the amendment, supplement or waiver 902 such amendment shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Iat Multimedia Inc), KDW Draft (Westbridge Capital Corp), Indenture (Iat Multimedia Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a any change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Icn Pharmaceuticals Inc), Philipp Brothers Chemicals Inc, International Knife & Saw Inc

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and not theretofore revoked such consent) to the amendment, supplement or waiverthereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.05 hereof, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 3 contracts

Samples: Indenture (Vegeterian Times Inc), Vegeterian Times Inc, Primedia Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to any date the first solicitation of Issuer shall select for such consentpurpose. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 ninety (90) days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any no such amendment, supplement or waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Supplemental Indenture (Alere Inc.), Supplemental Indenture (Alere Inc.), Alere Inc.

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1i) through (8) x) of Section 9.02(b11.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Us Concrete Inc), Indenture (Bode Concrete LLC), Indenture (Bode Concrete LLC)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Issuers or the Issuer person designated by the Issuers as the person to whom consents should be sent if such revocation is received by the Issuers or such person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Issuers notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on(and Liquidated Damages, if any) on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 3 contracts

Samples: Indenture (Sun International Hotels LTD), Indenture (Sun International North America Inc), Indenture (Sun International North America Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the such Holder and every subsequent Holder of a Note that Security or portion of a Note that Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note by notice a Security prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under ' 316(b) of the TIA. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence second and third sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder unless it makes a change described in any of clauses (1a) through (8) h) of Section 9.02(b), in which case9.02; if it makes such a change, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Security.

Appears in 3 contracts

Samples: Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc), Indenture (Cai Wireless Systems Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing Record Date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described requisite percentage in any principal amount of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit outstanding Notes required hereunder for the enforcement of any such payment on or after such respective dates without the consent effectiveness of such Holderconsents shall have also been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Indenture (Penn National Gaming Inc), Power Ten, Idt Corp

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Issuers or the Issuer Person designated by the Issuers as the Person to whom consents should be sent if such revocation is received by the Issuers or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1a) through (8) h) of Section 9.02(b)8.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any other Holder to receive payment of principal of, and premium of and interest on, on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 3 contracts

Samples: Indenture (Waterford Gaming LLC), Financing Agreement (Waterford Gaming Finance Corp), Financing Agreement (Waterford Gaming LLC)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Debt Security or portion of a Note Debt Security that evidences the same debt as the consenting Holder’s NoteDebt Security, even if notation of the consent is not made on any NoteDebt Security. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Debt Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Debt Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Partnership or any Subsidiary Guarantor in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Partnership or any Subsidiary Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Debt Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 10) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderDebt Security.

Appears in 3 contracts

Samples: Indenture (Energy Transfer Partners, L.P.), Energy Transfer LP, Energy Transfer Partners, L.P.

Revocation and Effect of Consents. Until an amendment, amendment (which includes any supplement) or waiver or supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (amendment or waiver becomes effective. An amendment or waiver becomes effective in accordance with its terms and not theretofore revoked such consent) to the amendment, supplement or waiverthereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement amendment or waiver. If the Company elects to fix a record date for such purpose, which the record date shall be fixed at least (i) the later of 30 days prior to the first solicitation of such consentconsent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.13, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Securities required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 3 contracts

Samples: Barrett Resources Corp, Barrett Resources Corp, Newfield Exploration Co /De/

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer Casella received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Casella may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, waiver which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Casella shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderNoteholder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Supplemental Indenture (Northern Sanitation Inc), Casella Waste Systems Inc, Kti Inc

Revocation and Effect of Consents. Until an amendment, amendment is set forth in a supplemental indenture or a waiver or supplement becomes effective, a consent to it by a Holder of the Notes is a continuing consent by the Holder and every subsequent Holder of a Note the Notes or portion of a Note that evidences the same debt as the consenting Holder’s NoteNotes, even if notation of the consent is not made on any NoteNotes. However, any such Holder or subsequent Holder may revoke the consent as to his Note Notes or portion of his a Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount supplemental indenture or the date the waiver becomes effective. Any amendment or waiver once effective shall bind every Holder of the Notes have affected by such amendment or waiver unless it is of the type set forth in any of clauses (a) through (h) of Section 9.02. In that case, the amendment or waiver shall bind each Holder of the Notes who has consented (to it and not theretofore revoked such consent) to every subsequent Holder of the amendment, supplement Notes or waiverportion of a Notes that evidences the same debt as the consenting Holder of the Notes. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement or waiver, which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentthis Indenture. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously givengiven or take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Amr Merger Agreement (American Airlines, Inc.), Indenture (American Airlines, Inc.), www.oblible.com

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be the Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b)9.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Arazi S.a r.l.), www.theconstellation.com, Indenture (QGOG Constellation S.A.)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to the Trustee or the Issuer received before the date on which a Security if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with TIA Section 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such HolderSecurity.

Appears in 3 contracts

Samples: Phillips 66 Co, Shell International Finance B.V., Shell International Finance B.V.

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Note or portion of his a Note by notice to the Trustee or the Issuer received before the date on which if the Trustee receives an Officers’ Certificate certifying that written notice of revocation before a date and time therefor identified by the Holders Company or any Guarantor in a notice furnished to such Holder in accordance with the terms of the requisite principal amount of Notes have consented (Indenture or, if no such date and not theretofore revoked such consent) to time shall be identified, the date the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company or any Guarantor may, but shall not be obligated to, fix a record date (which need not comply with TIA § 316(c)) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to take any other action under the first solicitation of such consentIndenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment, supplement or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 10) of Section 9.02(b), in which 9.02 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Era Group Inc.), Indenture (Era Group Inc.), Indenture (Seacor Holdings Inc /New/)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Ply Gem Holdings Inc), Covenants (Ply Gem Holdings Inc), Seitel Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Senior Note is a continuing consent by the Holder and every subsequent Holder of a Senior Note or portion of a Senior Note that evidences the same debt Indebtedness as the consenting Holder’s Xxxxxx's Senior Note, even if notation of the consent is not made on any Senior Note. However, any such Holder or subsequent Holder may revoke the consent as to his or her Senior Note or portion of his a Senior Note by notice to if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Officer's Certificate certifying that the Holders of the requisite principal amount of Senior Notes have consented (and not theretofore revoked such consent) to the amendment, supplement amendment or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Senior Notes entitled to consent to any amendment, supplement amendment or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then then, notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders of Senior Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of Senior Notes after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Senior Notes required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder90-day period.

Appears in 3 contracts

Samples: Indenture (Ameriking Inc), Ameriking Inc, Motors & Gears Inc

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to his its Note or portion of his Note by notice to if the Trustee or and the Issuer received Issuers receive written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the waiver, supplement or amendment becomes effective. An amendment, supplement or waiverwaiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform date except to the Trustee extent that the requisite number of consents to the amendment, supplement or waiver have been obtained within such 90-day period or as set forth in writing the next paragraph of the fixed record date if applicablethis Section 9.03. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 11) of Section 9.02(b)9.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt indebtedness as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Indenture (Peabody Energy Corp), Indenture (Peabody Energy Corp), Transaction Support Agreement (Peabody Energy Corp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by written notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 3 contracts

Samples: Supplemental Indenture (Everest One Ipa Inc), Supplemental Indenture (PSS Holding Inc), Hanger Orthopedic Group Inc

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s NoteSecurity, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note or her Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior (or such shorter period of time as may be acceptable to the Trustee) to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any that requires the consent of clauses (1) through (8) of Section 9.02(b)each Holder affected, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s NoteSecurity; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a NoteSecurity, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Sabra Health (Sabra Health Care REIT, Inc.), Sabra Health Care (Sabra Health Care Limited Partnership)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the such Holder and every subsequent Holder of a that Two-Year Note or portion of a that Two-Year Note that evidences the same debt as the consenting Holder’s 's Two-Year Note, even if notation of the consent is not made on any Two-Year Note. However, any such Holder or subsequent Holder may revoke the consent as to his Two-Year Note or portion of his a Two-Year Note by notice prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under Section 316(b) of the TIA. Alderwoods may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, ; unless it makes a change described in any of clauses (1a) through (8) j) of Section 9.02(b), in which case9.02; if it makes such a change, the amendment, supplement or waiver shall bind only each every consenting Holder of a Note who has consented to it and every subsequent Holder of a Two-Year Note or portion of a Two-Year Note that evidences the same debt as the consenting Holder’s 's Two-Year Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Indenture (Loewen Group International Inc), Indenture (Alderwoods Group Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the such Holder and every subsequent Holder of a that Five-Year Note or portion of a that Five-Year Note that evidences the same debt as the consenting Holder’s 's Five-Year Note, even if notation of the consent is not made on any Five-Year Note. However, any such Holder or subsequent Holder may revoke the consent as to his Five-Year Note or portion of his a Five-Year Note by notice prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under Section 316(b) of the TIA. Alderwoods may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such Such consent shall be valid or effective only for more than actions taken within 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, ; unless it makes a change described in any of clauses (1a) through (8) k) of Section 9.02(b), in which case9.02; if it makes such a change, the amendment, supplement or waiver shall bind only each every consenting Holder of a Note who has consented to it and every subsequent Holder of a Five-Year Note or portion of a Five-Year Note that evidences the same debt as the consenting Holder’s 's Five-Year Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Indenture (Alderwoods Group Inc), Loewen Group International Inc

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Indenture (Ply Gem Holdings Inc), Indenture (Curative Health Services Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder’s Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date Record Date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons shall continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicableRecord Date. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)8.02 hereof, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Indenture (Healthsouth Corp), Healthsouth Corp

Revocation and Effect of Consents. Until A consent to an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by shall bind the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder Holder, however, may revoke the consent as to his Note or portion of his Note by notice to a Note. Such revocation shall be effective only if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Notes entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 10 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1a) through (8) g) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Indenture (MDC Holdings Inc), Indenture (MDC Holdings Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by written notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers’ Officer’s Certificate of the Company certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer Company shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described referred to in any of clauses (1) through (8) 9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Pilgrims Pride Corp, Pilgrims Pride Corp

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consentdate so fixed by the Company. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 4) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, any amount due on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable as then expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 2 contracts

Samples: Indenture (Mueller Industries Inc), Indenture (Mueller Industries Inc)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, Holder unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Appliance Warehouse of America Inc, Coinmach Corp

Revocation and Effect of Consents. Until an amendment, amendment is set forth in a supplemental indenture or a waiver or supplement becomes effective, a consent to it by a Holder of a Note is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note thereof that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to thereof if the Trustee or receives the Issuer received notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount supplemental indenture or the date the waiver becomes effective. Any amendment or waiver once effective shall bind every Holder of Notes have affected by such amendment or waiver unless it is of the type described in any of clauses (a) through (g) of Section 7.03. In that case, the amendment or waiver shall bind each Holder of a Note who has consented (to it and not theretofore revoked such consent) to every subsequent Holder of a Note or portion thereof that evidences the amendment, supplement or waiversame debt as the consenting Holder’s Note. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to give their consent or take any other action described above or required or permitted to any amendment, supplement or waiver, which record date shall be at least 30 days prior taken pursuant to the first solicitation of such consentIndenture. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent or to revoke any consent previously givengiven or take any such action, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicable. After an amendment, supplement principal amount of Notes required hereunder for such amendment or waiver becomes effective, it to be effective shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it have also been given and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any not revoked within such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder120-day period.

Appears in 2 contracts

Samples: Indenture (Phillips 66 Partners Lp), Indenture (Phillips 66 Partners Lp)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note Security or portion of his Note Security by written notice to the Trustee Company or the Issuer Person designated by the Company as the Person to whom consents should be sent if such revocation is received by the Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation date so fixed by the Company notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderSecurityholder, unless it makes a change described in any of clauses (1) through (8) 3) of Section 9.02(b)9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note Security who has consented to it and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security; provided, howeverPROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and premium of and interest on, on a NoteSecurity, on or after the respective dates set for such amounts to become due dates thereforand payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.

Appears in 2 contracts

Samples: Indenture (Multiverse Acquisition Corp), Indenture (Talk Radio Network Inc)

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement, or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders of Securities of any series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.01 hereof. In such case, the amendment, supplement supplement, or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Security.

Appears in 2 contracts

Samples: R&b Falcon Corp, Seitel Capital Trust Ii

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 9) of Section 9.02(b)8.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: NSP Holdings Capital Corp., Norcross Capital Corp

Revocation and Effect of Consents. Until an amendment, supplement or waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note Security or portion of a Note Security that evidences the same debt as the consenting Holder’s Note's Security, even if notation of the consent is not made on any NoteSecurity. However, any such Holder or subsequent Holder may revoke the consent as to his Note or her Security or portion of his Note by notice to a Security if the Trustee or the Issuer received receives written notice of revocation before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiverwaiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Issuer Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders of Securities of any series entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior waiver or to the first solicitation of such consenttake any other action under this Indenture. If a record date is fixed, then notwithstanding the last sentence provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing date unless consents from Holders of the fixed record date if applicableprincipal amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change is of the type described in any of clauses (1) through (8) 9) of Section 9.02(b), in which 9.01 hereof. In such case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder's Security.

Appears in 2 contracts

Samples: Indenture (Seitel Capital Trust Ii), R&b Falcon Corp

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note, even if notation of the consent is not made on any Note. However, any such Holder or subsequent Holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses (1) through (8) 10) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that the Issuer and the Trustee are able to identify the particular Note which has so consented; provided, howeverfurther, that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, and interest (if any) and premium on, a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Article Twelve (Navios Maritime Holdings Inc.), Article Twelve (Navios Maritime Holdings Inc.)

Revocation and Effect of Consents. Until an amendment, waiver or supplement becomes effective, a consent to it by a Holder is a continuing consent by the Holder and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note, even if notation of the consent is not made on any Note. HoweverSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to his such Holder's Note or portion of his such Note by notice to the Trustee or the Issuer Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. The Issuer Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver, which record date shall be at least 30 days prior to the first solicitation of such consent. If a record date is fixed, then notwithstanding the last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date. The Issuer shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every HolderNoteholder, unless it makes a change described in any of clauses (1) through (8) 7) of Section 9.02(b)9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s 's Note; provided, however, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of principal of, of and interest on, on a Note, on or after the respective due dates thereforexpressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Stuart Entertainment Inc, Royal Oak Mines Inc

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