Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 23 contracts
Samples: Indenture (Nephros Inc), Indenture (Verastem, Inc.), Indenture (Novavax Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, 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 without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 12 contracts
Samples: Axcelis Technologies Inc, Axcelis Technologies Inc, Axcelis Technologies Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 8 contracts
Samples: MingZhu Logistics Holdings LTD, AnPac Bio-Medical Science Co., Ltd., Akers Biosciences, Inc.
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Partnership 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 date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company Partnership 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, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No consent shall be valid or other action becomes effective, it shall bind every Securityholder, effective for more than 90 days after such record date unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment consents from Holders of the principal of, amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and interest and premium, if any, on, a Security, on or after the respective due dates expressed in not revoked within such Security, 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 8 contracts
Samples: Martin Operating Partnership L.P., Martin Operating Partnership L.P., Martin Operating Partnership L.P.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 7 contracts
Samples: Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc), Indenture (Clean Harbors Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 11.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and 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 7 contracts
Samples: Indenture (Sally Investment Holdings LLC), Indenture (Mohawk Industries Inc), Indenture (Sally Beauty Holdings, Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 6 contracts
Samples: Price Communications Wireless Inc, Price Communications Corp, Price Communications Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 5 contracts
Samples: Building One Services Corp, Building One Services Corp, Building One Services Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After No such consent shall be valid or effective for more than 90 days after such record date. Notwithstanding the preceding paragraph, after an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the 's Security unless consent of such Holderall Holders has been obtained pursuant to clauses (1) through (4) of Section 9.2.
Appears in 4 contracts
Samples: Antec Corp, Antec Corp, Arris Group Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver (at which time such amendment, supplement or waiver or other action becomes shall become effective). The 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, 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 such 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 120 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 4 contracts
Samples: Indenture (Chancellor Radio Broadcasting Co), Chancellor Media Mw Sign Corp, Chancellor Media Mw Sign Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if the his Security by notice to Trustee receives the notice of revocation or Issuer received before the date on which Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver. Notwithstanding the above, waiver or other action becomes effectivenothing in this paragraph shall impair the right of any holder under Section 316(b) of the TIA. The Company may, but Issuer 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, 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 such Personsthose persons, 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 7.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 4 contracts
Samples: Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc), Indenture (Scott Cable Communications Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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: HMH Properties Inc, HMH Properties Inc, HMH Properties Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, Contingent Payments on a Security, on or after the respective dates set for such amounts to become due dates and 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 (Jazz Casino Co LLC), Tia Indenture (Jazz Casino Co LLC), Jazz Casino Co LLC
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9x) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the Accreted Value or principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Acme Intermediate Holdings LLC, Acme Television LLC, Acme Intermediate Holdings LLC
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Indenture (Stoneridge Inc), Indenture (Ametek Inc/), MTL Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effectiveeffective pursuant to this Section 9.4, it shall bind every SecurityholderSecurity Holder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Platinum Technology Inc, Platinum Technology Inc, Platinum Technology Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the Company or any Guarantor in a notice to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver that becomes effective with respect to a Series of Securities shall thereafter be conclusive and binding on all holders of Securities of such Series in accordance with its terms. The 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, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Indenture (Petroleum Geo Services Asa), Petroleum Geo Services Asa, Petroleum Geo Services Asa
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. After an amendment, supplement or waiver becomes effective with respect to the Securities, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires, pursuant to SECTION 9.02, the consent of each Holder affected. In that case, the amendment, supplement or waiver shall not impair bind each Holder of a Security who has consented to it and, provided that notice of such amendment, supplement or affect waiver is reflected on a Security that evidences the right of any Holder to receive payment of same debt as the principal of, and interest and premium, if any, on, a consenting Holder's Security, on every subsequent Holder of a Security or after portion of a Security that evidences the respective due dates expressed same debt as the consenting Holder's Security. Nothing in such Security, this SECTION 9.04 shall impair the Company's rights pursuant Section 9.01 to amend this Indenture or to bring suit for the enforcement of any such payment on or after such respective dates Securities without the consent of any Securityholder in the manner set forth in, and permitted by, such HolderSECTION 9.01.
Appears in 3 contracts
Samples: Indenture (LDK Solar Co., Ltd.), Indenture (Suntech Power Holdings Co., Ltd.), Suntech Power Holdings Co., Ltd.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Financing Agreement (Arcon Coating Mills Inc), Indenture (Vs Holdings Inc), Unifrax Investment Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 (Pricellular Corp), American Cellular Corp /De/, Pricellular Wireless Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Quality Distribution Inc, Quality Distribution Inc, Quality Distribution Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Indenture (Cytomedix Inc), Indenture (Cytomedix Inc), Indenture (Us Dataworks Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 3 contracts
Samples: Packaged Ice Inc, Packaged Ice Inc, Call Points Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver (at which time such amendment, supplement or waiver or other action becomes shall become effective). The 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, 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 such 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 120 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, or premium on, or interest on a Security, Security on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (International Fast Food Corp), Indenture (International Fast Food Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (Avado Brands Inc), Fibermark Office Products LLC
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: RPP Capital Corp, RPP Capital Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 Officer's Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9h) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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: Rights Agreement (Jazz Casino Co LLC), Rights Agreement (Jazz Casino Co LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Tenneco Automotive Inc, Tenneco Automotive Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 13.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and 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: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
Revocation and Effect of Consents. Until an amendment, restatement, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, restatement, supplement, waiver or other action becomes effective. The 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, restatement, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, restatement, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, restatement, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, restatement, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Velo3D, Inc., Velo3D, Inc.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (95) of Section 8.2. In that 12.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and 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: Mohawk Capital Luxembourg SA, Mohawk Capital Luxembourg SA
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, 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 without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount at maturity of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Merger Agreement (Salt Holdings Corp), Merger Agreement (Salt Holdings Corp)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of all or part of the same Security or portion thereof, and of any Security issued upon the transfer thereof or in exchange therefor or in place thereofrelated Note, even if notation of the consent is not made on any such SecurityNote. Any Subject to the following paragraph of this Section 904, any such Holder or subsequent Holder, however, Holder may revoke the such consent as to his Security its Note by written notice to the Trustee or portion of a Securitythe Company, if received thereby before the date on which the Trustee receives an Officer’s Certificate from the notice Company certifying that the Holders of revocation before the date the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 datewaiver as set forth in Section 108. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of Notes, unless it makes a change described in any of clauses (1i) through (9viii) of the second paragraph of Section 8.2902. In that case, the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security such Note or portion of a Security any Note that evidences all or any part of the same debt as the consenting Holder’s Security; PROVIDEDNote. For the avoidance of doubt, that no amendment to, or deletion of any of the covenants described under Sections 405, 407, 409 through 414 and Article V, or action taken in compliance therewith in effect at the time of such waiver action, shall not impair or affect be deemed to amend the right of any Holder to receive bring suit for the payment of the principal ofprincipal, and interest and premium, if any, on, a Security, and interest on or after the respective due dates 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 Holderits Notes.
Appears in 2 contracts
Samples: Supplemental Indenture (Frontdoor, Inc.), Supplemental Indenture (Servicemaster Global Holdings Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 (World Color Press Inc /De/), World Color Press Inc /De/
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.28.2(a) hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Biogen Inc., Biogen Inc.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effectiveeffective with respect to any Security of any series, a consent to it by a Holder of a Security that series is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same such Security or portion thereof, and of any such Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Security or portion of a Security, such Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of the Outstanding Securities affected have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of the Security of the affected series, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 11.2 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security of that series who has consented to it and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder of that series to receive payment of the principal of, and premium of and interest and premium, if any, on, a on such Security, on or after the respective dates set for such amounts to become due dates and 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 (Cross Equipment Company, Inc.), Cross Equipment Company, Inc.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.28.2 hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Lumera Corp, Stemcells Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest on and premium, if any, on, Liquidated Damages with respect to a Security, on or after the respective dates set for such amounts to become due dates and 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 (Occusystems Inc), Concentra Managed Care Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. After an amendment, supplement or waiver becomes effective with respect to the Securities, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires, pursuant to Section 9.02, the consent of each Holder affected. In that case, the amendment, supplement or waiver shall not impair bind each Holder of a Security who has consented to it and, provided that notice of such amendment, supplement or affect waiver is reflected on a Security that evidences the right of any Holder to receive payment of same debt as the principal of, and interest and premium, if any, on, a consenting Holder’s Security, on every subsequent Holder of a Security or after portion of a Security that evidences the respective due dates expressed same debt as the consenting Holder’s Security. Nothing in such Security, this Section 9.04 shall impair the Company’s rights pursuant Section 9.01 to amend this Indenture or to bring suit for the enforcement of any such payment on or after such respective dates Securities without the consent of any Securityholder in the manner set forth in, and permitted by, such HolderSection 9.01.
Appears in 2 contracts
Samples: Indenture (Arris Group Inc), Diodes Incorporated (Diodes Inc /Del/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (Color Spot Nurseries Inc), Color Spot Nurseries Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After Notwithstanding the preceding paragraph, after an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates without the 's Security unless consent of such Holderall Holders has been obtained pursuant to clauses (1) through (4) of Section 9.2.
Appears in 2 contracts
Samples: Indenture (Total Renal Care Holdings Inc), General Semiconductor Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder of a Security and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Xxxxxx’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder of a Security or subsequent Holder, however, Holder of a Security may revoke the consent as to his its Security or portion of a Security, if the Trustee receives the written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement, supplement or waiver or other action becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. The 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, 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 such those Persons, shall be entitled to consent to such amendment, supplement amendment or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date except to the 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 the next paragraph of this Section 9.04. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9j) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Access Midstream Partners Lp, Access Permian Midstream LLC
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any other Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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: Universal Outdoor Inc, Universal Outdoor Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, Security if the Trustee receives the written notice of revocation before a date and time therefor identified by the 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 date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Company 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, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No consent shall be valid or other action becomes effective, it shall bind every Securityholder, effective for more than 90 days after such record date unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment consents from Holders of the principal of, amount of Securities required hereunder for such amendment or waiver to be effective shall have also been given and interest and premium, if any, on, a Security, on or after the respective due dates expressed in not revoked within such Security, 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 2 contracts
Samples: Heritage Propane Partners L P, Heritage Propane Partners L P
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of such Security affected or portion of such Security affected that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security of any series or portion of a Security, if his Security of any series by notice to the Trustee or Casella received before the date on which the Trustee receives an Officer’s Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities of such series have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. Casella shall inform the Trustee in writing of the fixed record date if applicable. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderSecurity Holder of each series affected, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02(b), in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (Total Waste Management Corp.), Indenture (Total Waste Management Corp.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 15 days prior to the first solicitation of such consent. If a record date is fixed, then, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (Ocugen, Inc.), Collegium Pharmaceutical, Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to his or her Security or portion of a Security if the Trustee receives written notice of revocation before a date and time therefor identified by the Partnership, the Guarantor 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 date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The Partnership, the Guarantor or any Subsidiary Guarantor may, but shall not impair 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 affect waiver or to take any other action under this Indenture. If a record date is fixed, then notwithstanding the right 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 Holder consent previously given, whether or not such Persons continue to receive payment be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Holders of the principal ofamount 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 is of the type described in any of clauses (1) through (9) of Section 9.02 hereof. In such case, the amendment, supplement or waiver shall bind each Holder who has consented to it and interest and premium, if any, on, a every subsequent Holder that evidences the same debt as the consenting Holder’s Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Samples: Indenture (K-Sea Transportation Inc.), Indenture (K-Sea Transportation Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 2 contracts
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security if the Trustee receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. After an amendment, supplement or waiver becomes effective with respect to the Securities, it shall bind every Holder unless such amendment, supplement or waiver makes a change that requires, pursuant to Section 9.02, the consent of each Holder affected. In that case, the amendment, supplement or waiver shall not impair bind each Holder of a Security who has consented to it and, provided that notice of such amendment, supplement or affect waiver is reflected on a Security that evidences the right of any Holder to receive payment of same debt as the principal of, and interest and premium, if any, on, a consenting Holder’s Security, on every subsequent Holder of a Security or after portion of a Security that evidences the respective due dates expressed same debt as the consenting Holder’s Security. Any amendment to this Indenture or the Securities shall be set forth in such Security, a supplemental indenture to the Indenture that complies with the TIA as then in effect. Nothing in this Section 9.03 shall impair the Company’s rights pursuant to Section 9.01 to amend this Indenture or to bring suit for the enforcement of any such payment on or after such respective dates Securities without the consent of any Holder in the manner set forth in, and permitted by, such HolderSection 9.01.
Appears in 2 contracts
Samples: Indenture (Avago Technologies LTD), Indenture (Avago Technologies LTD)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same that Security or portion thereof, and of any that Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, except as provided in the succeeding paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, . Such revocation shall be effective only if the Trustee receives the written notice of such revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. The 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 two sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke by written notice received by the Trustee any consent previously given, whether or not such Persons persons continue to be Holders after such record date. After an No such consent shall be valid or effective for more than 90 days after such record date, unless the relevant amendment, supplement, supplement or waiver or other action becomes to which such consent relates has become effective, it in which event such persons who were Holders at such record date shall bind every Securityholderno longer be entitled to revoke any consent previously given and such consent shall continue to be valid and effective. Notwithstanding anything to the contrary in this Section 9.04, unless it makes a change described in no consent to any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, supplement or waiver or other action shall bind each delivered by a Holder of a Security who has consented in connection with the Offer to it Purchase and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment Consent Solicitation of the principal ofCompany, dated November 13, 1997, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Solicitation (as defined therein) may be revoked by such Holder.
Appears in 2 contracts
Samples: First Supplemental Indenture (Acme Metals Inc /De/), First Supplemental Indenture (Acme Metals Inc /De/)
Revocation and Effect of Consents. Until A consent to an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon shall bind such Holder and every subsequent Holder of the same that Security or portion thereof, and of any the Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such the Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Holder's Security or portion of a Security, the Security if the Trustee receives the notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, Holder unless it makes a change described in any of clauses (1) through (96) and the first subclause of clause (7) of Section 8.28.02. In that case, case the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt Debt as the consenting Holder’s 's Security; PROVIDED. The Issuer may, that but shall not be obligated to, fix a record date for the purpose of determining the Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who are Securityholders 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 given or to take any such waiver shall action, whether or not impair or affect the right of any Holder such Persons continue to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or be Holders after such respective dates without the consent of record date. No such Holderconsents shall be valid or effective for more than 120 days after such record date.
Appears in 2 contracts
Samples: Mid America Capital Partners L P, Mid America Capital Partners L P
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Issuer or the person designated by the Issuer as the person to whom consents should be sent if such revocation is received by the Issuer or such person before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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 date so fixed by the Issuer notwithstanding the provisions of such consentthe TIA. If a record date is fixed, then, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest (and premiumLiquidated Damages, if any, on, ) on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: LSB Industries Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest (and premiumLiquidated Damages, if any, on, ) on a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for 91 101 the enforcement of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (Urohealth Systems Inc)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that even if notation of the consent is not made on any Security. However, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security if the Trustee receives the written notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. Notwithstanding the foregoing, nothing in this paragraph shall not impair or affect the right of any Holder under TIA §316(b). After an amendment, supplement or waiver becomes effective with respect to receive payment of the principal ofSecurities, and interest and premiumit shall bind every Holder unless such amendment, if anysupplement or waiver makes a change that requires, onpursuant to Section 9.02, a Security, on or after the respective due dates 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 each Holder affected. In that case, the amendment, supplement or waiver shall bind each Holder of a Security who has consented to it and, provided that notice of such amendment, supplement or waiver is reflected on a Security that evidences the same debt as the consenting Holder’s Security, every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security. Nothing in this Section 9.04 shall impair the Company’s rights pursuant Section 9.01 to amend this Indenture or the Securities without the written consent of any Securityholder in the manner set forth in, and permitted by, such Section 9.01.
Appears in 1 contract
Samples: Arris Group Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver -------- shall not impair or affect the right of or any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Covenants (Encompass Services Corp)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder Securityholder of a Security is a continuing consent conclusive and binding upon such Holder by the Securityholder and every subsequent Holder Securityholder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Securityholder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder Securityholder or subsequent Holder, however, Securityholder may revoke the consent as to his such Securityholder's Security or portion of a Security, Security if the Trustee receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Securityholders of the requisite principal amount of Securities have consented to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders 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, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders Securityholders at such record date (or their duly designated proxies), and only such Personsthose persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders Securityholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consents from Securityholders of the principal 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, supplement or waiver or other action becomes effective, effective it shall bind every Securityholder, unless it makes a change is of the type described in any of clauses (1a) through (9i) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.11.02
Appears in 1 contract
Samples: Indenture (Intevac Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives Officers' Certificates from the notice Issuers certifying that the Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Natg Holdings LLC
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplementsupplement or waiver (at which time such amendment, supplement or waiver or other action becomes shall become effective). The 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, 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 such 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 120 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.. 88 -80-
Appears in 1 contract
Samples: Amcast Radio Sales Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and have not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: HPSC Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1a) through (9h) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Leslies Poolmart Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such -------- waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, and interest on, a Security, on or after the respective dates set for such amounts to become due dates and payable expressed in such Security, or to bring suit for the enforcement enforcement, of any such payment on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Indenture (Hammond Residential LLC)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences all or part of the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Bway Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers' Cer- tificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall -------- not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: GSL Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the -------- ------- right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (RSC Duval Inc)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder of a Security and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder of a Security or subsequent Holder, however, Holder of a Security may revoke the consent as to his its Security or portion of a Security, if the Trustee receives the written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement, supplement or waiver or other action becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. The 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, 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 such those Persons, shall be entitled to consent to such amendment, supplement amendment or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date except to the 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 the next paragraph of this Section 9.04. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9j) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuers received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Progress Rail Services (Progress Rail Services, Inc.)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 Officer's Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Persons, shall be 110 122 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1a) through (9h) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same (or a portion of the same) debt as the consenting Holder’s Security's Security with respect to which a consent was given; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: Rights Agreement (JCC Holding Co)
Revocation and Effect of Consents. Until an a modification, amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security Note or portion thereof, and of any Security 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 SecurityNote. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security Note or portion of a SecurityNote, if the Trustee receives the notice of revocation before the date the modification, amendment, supplement, waiver or other action becomes effective. Notwithstanding the foregoing, nothing in this paragraph shall impair the right of any Holder under TIA Section 316(b). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, 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, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, amendment, supplement supplement, or waiver, 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 unless the consent of the requisite number of Holders has been obtained. After an a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it Noteholder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.Noteholder. 87 82
Appears in 1 contract
Samples: Indenture (Healthcor Holdings Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences all or part of the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates expressed or provided for 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 1 contract
Samples: Indenture (BWAY Holding CO)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Simonds Industries Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security Participating Note or Security, as applicable, is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder or portion of a Creditor Note that evidences the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder’s Creditor Note, even if notation of the consent is not made on any such SecurityCreditor Note. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security its Participating Note or portion of a Security, as applicable, if the Trustee receives the written notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. An amendment, supplement or waiver becomes effective in accordance with its terms and thereafter binds every Holder. The 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, then notwithstanding 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 such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be the Holders after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (910) of Section 8.2. In that 9.02 hereof, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt indebtedness as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (Arazi S.a r.l.)
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of that Note or any Note that evidences all or any part of the same Security or portion thereof, and of any Security issued upon debt as the transfer thereof or in exchange therefor or in place thereofconsenting Holder's Note, even if notation of the consent is not made on any such SecurityNote. Any Subject to the following paragraph of this Section 904, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security such Holder's Note by notice to the Trustee or portion of a Securitythe Company (or Select Medical Escrow prior to the Select Medical Escrow Merger) received by the Trustee or the Company (or Select Medical Escrow prior to the Select Medical Escrow Merger), if as the case may be, 109 before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company (or Select Medical Escrow prior to the Select Medical Escrow Merger) 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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 datewaiver as set forth in Section 108. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder of Notes, unless it makes a change described in any of clauses (1i) through (9viii) of the second paragraph of Section 8.2902. In that case, the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security such Note or portion of a Security any Note that evidences all or any part of the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder's Note.
Appears in 1 contract
Samples: Atlantic Health Group Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences all or part of the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (Bway Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security or portion thereof, and of any Security 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 Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, 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 without the applicable amendment, supplement or waiver becoming effective. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.28.2(a) hereof. In that case, case the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, premium (if any, on, ) on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Wellman Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Bay Area Warehouse Stores Inc
Revocation and Effect of Consents. Until an amendment, supplement, amendment set forth in a supplemental indenture or a waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, Security if the Trustee receives the notice of revocation before the date the amendment, supplement, supplemental indenture or the date the waiver or other action becomes effective. The 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 Any 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it once effective shall bind every Securityholder, Securityholder of each Series affected by such amendment or waiver unless it makes a change is of the type described in any of clauses (1a) through (9h) of Section 8.29.03. In that case, the amendment, supplement, amendment or waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED. The Company may, that 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 be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding 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 give such consent or to revoke any consent previously given or take any such waiver shall action, whether or not impair or affect the right of any Holder such Persons continue to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or be Holders after such respective dates without the record date. No such consent of shall be valid or effective for more than 120 days after such Holderrecord date.
Appears in 1 contract
Samples: Indenture (Redwood Trust Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, any amount due on a Security, on or after the respective dates set for such amounts to become due dates and payable as then expressed in such Security, or to bring suit for the enforcement of any such payment or for conversion on or after such respective dates without the consent of such Holderdates.
Appears in 1 contract
Samples: Execution Copy (Getty Images Inc)
Revocation and Effect of Consents. Until an a modification, amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security Note or portion thereof, and of any Security 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 SecurityNote. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security Note or portion of a SecurityNote, if the Trustee receives the notice of revocation before the date the modification, amendment, supplement, waiver or other action becomes effective. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, 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, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, amendment, supplement supplement, or waiver, 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 120 days after such record date unless the consent of the requisite number of Holders has been obtained. After an a modification, amendment, supplement, waiver or other action becomes effective, it shall bind every SecurityholderNoteholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.28.2 hereof. In that case, the modification, amendment, supplement, waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder's Note.
Appears in 1 contract
Samples: Petro Stopping Centers L P
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (Tenneco Inc)
Revocation and Effect of Consents. Until an a modification, amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security Note or portion thereof, and of any Security 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 SecurityNote. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security Note or portion of a SecurityNote, if the Trustee receives the notice of revocation before the date the modification, amendment, supplement, waiver or other action becomes effective. Notwithstanding the foregoing, nothing in this paragraph shall impair the right of any Holder under TIA Section 316(b). The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders entitled to consent to any modification, 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, notwithstanding the preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such modification, amendment, supplement supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No such consent shall be valid or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit effective for the enforcement of any such payment on or more than 90 days after such respective dates without record date unless the consent of such Holderthe requisite number of Holders has been obtained.
Appears in 1 contract
Samples: Indenture (Federal Mogul Corp)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderNoteholder, unless it makes a change described in any of clauses (1i) through or (9ii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any Subject to the following paragraph, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (96) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Securityhis Security by written notice to the Company, the Trustee or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and premium of and interest on and premium, if any, on, Liquidated Damages with respect to a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: Oak Industries Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any -------- Holder to receive payment of the principal of, and premium of and interest on and premium, if any, on, Liquidated Damages with respect to a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: United States Filter Corp
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by written notice to the Company or the person designated by the Company as the person to whom consents should be sent received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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 consentSection 316(c) of the TIA. If a record date is fixed, then, 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 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (97) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: Indenture (Us Foodservice/Md/)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 120 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (11 ) through (910) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Southern Bottled Water Co Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Duane Reade Inc
Revocation and Effect of Consents. Until A consent to an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon shall bind such Holder and every subsequent Holder of the same that Security or portion thereof, and of any the Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such mxxx xx the Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his such Holder's Security or portion of a Security, the Security if the Trustee receives xxxxxves the notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. The 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, Holder unless it makes a change described in any of clauses (1) through (96) and the first subclause of clause (7) of Section 8.28.02. In that case, case the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt Debt as the consenting Holder’s 's Security; PROVIDED. The Issuer may, that but shall nxx xx obligated to, fix a record date for the purpose of determining the Securityholders entitled to give their consent or take any other action described above or required or permitted to be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the immediately preceding paragraph, those Persons who are Securityholders 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 given or to take any such waiver shall action, whether or not impair or affect the right of any Holder such Persons continue to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates expressed in such Security, or to bring suit for the enforcement of any such payment on or be Holders after such respective dates without the consent of record date. No such Holderconsents shall be valid or effective for more than 120 days after such record date.
Appears in 1 contract
Samples: Mid America Capital Partners L P
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his or her Security or portion of a Security, if his or her Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2. In that 10.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, HOWEVER, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (Metals Usa Inc)
Revocation and Effect of Consents. Until an amendment, supplement, amendment is set forth in a supplemental indenture or a waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, Security if the Trustee receives the notice of revocation before the date of the amendment, supplement, supplemental indenture or the date the waiver or other action becomes effective. The 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 Any 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only 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. After an amendment, supplement, waiver or other action becomes effective, it once effective shall bind every Securityholder, Securityholder of each Series affected by such amendment or waiver unless it makes a change is of the type described in any of clauses (1a) through (9h) of Section 8.29.3. In that case, the amendment, supplement, amendment or waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED. The Company may, that 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 be taken pursuant to this Indenture. If a record date is fixed, then notwithstanding the second 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 give such consent or to revoke any consent previously given or take any such waiver shall action, whether or not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.37
Appears in 1 contract
Samples: Guardant Health, Inc.
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers' Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such Personsthose persons, 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 consent shall be valid or effective for more than 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderHolder, unless it makes a change described in any of clauses clause (1) through (9i) of Section 8.2. In that 10.02, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, however, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Smiths Food & Drug Centers Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder of a Security Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of the same Security Note or portion thereof, and of any Security 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 SecurityNote. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security Note or portion of a SecurityNote, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The 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, 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 preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. After an amendment, supplement, waiver No such consent shall be valid or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) of Section 8.2effective for more than 90 days after such record date. In that case, the amendment, supplement, waiver or other action shall bind each Holder of a Security Note who has consented to it and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s Security's Note; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, of and interest and premium, if any, on, on a SecurityNote, on or after the respective due dates expressed in such SecurityNote, 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 1 contract
Samples: Indenture (Outdoor Systems Inc)
Revocation and Effect of Consents. Until Subject to Section 8.05, until an amendment, supplement, waiver or other action becomes effective, a consent to it by a Holder Securityholder of a Security is a continuing consent conclusive and binding upon such Holder Securityholder and every subsequent Holder Securityholder of the same Security or portion thereof, and of any Security issued upon the registration of transfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. Any such Holder or subsequent Holder, however, may revoke the consent as to his Security or portion of a Security, if the Trustee receives the notice of revocation before the date the amendment, supplement, waiver or other action becomes effective. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Securityholders 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 preceding paragraph, those Persons who were Holders Securityholders at such record date (or their duly designated proxies), and only such Persons, shall be entitled to consent or revoke such consent to such amendment, supplement or waiver, or to revoke any consent previously given, whether or not such Persons continue to be Holders Securityholders after such record date. No such consent shall be valid or effective for more than 180 days after such record date. After an amendment, supplement, waiver or other action becomes effective, it shall bind every Securityholder. ARTICLE ELEVEN CONSOLIDATION, MERGER, SALE OR CONVEYANCE Section 11.01. Company or Guarantors May Consolidate, etc., on Certain Terms. The Company and each Guarantor covenants that it will not merge or consolidate with any other corporation or sell or convey all or substantially all of its assets to any Person unless it makes (i) either the Company or such Guarantor, as applicable, shall be the continuing corporation, or the successor corporation (if other than the Company or such Guarantor) shall be, in the case of the Company, a change described corporation organized and existing under the laws of the United States of America or a State thereof or the District of Columbia or, in any the case of clauses (1) through (9) such Guarantor, a corporation, company, partnership or trust, and shall expressly assume, in the case of Section 8.2. In that casethe Company, the amendment, supplement, waiver or other action shall bind each Holder of a Security who has consented to it due and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive punctual payment of the principal ofof and interest on all the Securities, according to their tenor, and interest the due and premiumpunctual performance and observance of all of the covenants and conditions of this Indenture to be performed by the Company or, if anyin the case of such Guarantor, onthe due and punctual payment of all payment obligations under such Guarantor's Guarantee and the performance of every other covenant of this Indenture on the part of such Guarantor to be performed or observed, a Securityby supplemental indenture satisfactory to the Trustee, on executed and delivered to the Trustee by such corporation, (ii) the Company or such successor corporation, as the case may be, shall not, immediately after the respective due dates expressed in such Securitymerger or consolidation, or to bring suit for such sale or conveyance, be in default in the enforcement performance of any such payment on covenant or after condition, and (iii) in the case of Securities of a series issued to an Aon Trust, such respective dates without consolidation, merger, sale or conveyance is permitted under the consent relevant Trust Agreement and Aon Guarantee and does not give rise to any breach or violation of such HolderTrust Agreement or Aon Guarantee.
Appears in 1 contract
Samples: Indenture
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The Company 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every SecurityholderSecurityholder of such series of Securities, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Clean Harbors Inc
Revocation and Effect of Consents. Until an amendment, supplement, supplement or waiver or other action becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon by such Holder and every subsequent Holder of the same that Security or portion thereof, and of any that Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a SecuritySecurity (but not in amounts less than the minimum denominations in which a Security may be issued) prior to such amendment, supplement or waiver becoming effective. Such revocation shall be effective only if the Trustee receives the notice of revocation before the date the amendment, supplement, supplement or waiver or other action becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Holder under Section 316(b) of the TIA. The 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, then notwithstanding the 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 such those Persons, shall be entitled to consent to such amendment, supplement or waiver, waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. Such consent shall be effective only for actions taken within 90 days after such record date. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, Holder unless it makes a change described in any of clauses (1) through (911) of Section 8.2. In that case9.02(e); if it makes such a change, the amendment, supplement, supplement or waiver or other action shall bind each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract
Samples: Indenture (Interface Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (94) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDEDprovided, that any such waiver shall not impair or affect the right of any other Holder to receive payment of the principal of, and premium of and interest and premium, if any, on, on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: Community Distributors Inc
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder's Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, his Security by written notice to the Company or the 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 notice Holders of revocation before the date requisite principal amount of Securities have consented (and have not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (9) 8) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security; PROVIDED, PROVIDED that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective dates set for such amounts to become due dates and 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 1 contract
Samples: Indenture (HPSC Inc)
Revocation and Effect of Consents. Until an amendment, supplement, waiver or other action supplement becomes effective, a consent to it by a Holder of a Security is a continuing consent conclusive and binding upon such by the Holder and every subsequent Holder of the same a Security or portion thereof, and of any a Security issued upon that evidences the transfer thereof or in exchange therefor or in place thereofsame debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. Any However, any such Holder or subsequent Holder, however, Holder may revoke the consent as to his Security or portion of a Security, if his Security by notice to the Trustee or the Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the notice Holders of revocation before the date requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement, waiver supplement or other action becomes effectivewaiver. The 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, 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 such 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. After an amendment, supplement, supplement or waiver or other action becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1i) through (9vii) of Section 8.2. In that 9.2, in which case, the amendment, supplement, supplement or waiver or other action shall bind only each Holder of a Security who has consented to it and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security; PROVIDED, provided that any such waiver shall not impair or affect the right of any Holder to receive payment of the principal of, and interest and premium, if any, on, and interest on a Security, on or after the respective due dates 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 Holder.
Appears in 1 contract