Common use of Revocation and Effect of Consents Clause in Contracts

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 7 contracts

Samples: Zion Oil & Gas Inc, Zion Oil & Gas Inc, Orgenesis Inc.

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Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under § 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 6 contracts

Samples: Indenture (Vertis Inc), Indenture (Vertis Inc), Novink (World Color Press Inc.)

Revocation and Effect of Consents. A Until an amendment, supplement or waiver becomes effective, a consent to an such amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives notice of revocation before the date the amendment, supplement or waiver becomes effective. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designatewaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions Holders of the immediately preceding paragraph, those Persons who were Holders at Securities of that series outstanding on such record date (or their duly designated proxies)date, and only those Personsno other Holders, 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 remain Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of Securities of that series required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-90 day period.

Appears in 5 contracts

Samples: Circus Finance Ii, Circus Finance Ii, Circus Circus Enterprises Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives 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. The Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such take any other date as the Company shall designateaction under this Indenture. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Conoco Inc /De), Indenture (Cabot Oil & Gas Corp), Lyondell Trust Iii

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. After an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Securityit shall bind every Holder. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the An amendment, supplement or waiver becomes effectiveeffective once both (i) the requisite number of consents have been received by the Issuers or the Trustee and (ii) such amendment, supplement or waiver has been executed by the Company and the Trustee. 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such give their consent or the date of the most recent list of Holders furnished take any other action described above or required or permitted to the Trustee prior to such solicitation be taken pursuant to Section 2.08, or (ii) such other date as the Company shall designatethis Indenture. If a record date is fixed, 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 those Persons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (Charter Communications Inc /Mo/), Charter Communications Inc /Mo/, Charter Communications Inc /Mo/

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.05, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (MidCon Compression LP), Indenture (Gene D. Yost & Son Inc.), Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by written notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or 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 consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 5 contracts

Samples: Triton PCS Holdings Inc, Aep Industries Inc, United Auto Group Inc

Revocation and Effect of Consents. A consent Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind is a continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, if the Trustee must receive receives the notice of revocation before the date the amendment, supplement waiver or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period. After an amendment, waiver or other action becomes effective, pursuant to Section 9.1 or Section 9.2, as the case may be, it shall bind every Holder of a Security.

Appears in 5 contracts

Samples: Indenture (Rent Way Inc), Indenture (Alternative Living Services Inc), Assisted Living Concepts Inc

Revocation and Effect of Consents. A Until an amendment is set forth in a supplemental indenture or a waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of a Security shall bind is a continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive receives the notice of revocation before the date of the amendment, supplement supplemental indenture or the date the waiver becomes effective. Any amendment or waiver once effective shall bind every Securityholder of each Series affected by such amendment or waiver unless it is of the type described in any of clauses (a) through (h) of Section 9.3 or requires the consent of each Security Holder affected, as set forth in a supplemental indenture or Officer’s Certificate in respect to a particular Series of Securities. In that case, the amendment or waiver 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. 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such give their consent or the date of the most recent list of Holders furnished take any other action described above or required or permitted to the Trustee prior to such solicitation be taken pursuant to Section 2.08, or (ii) such other date as the Company shall designatethis Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or take any such action, 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 90 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 5 contracts

Samples: Indenture (Iip-Co 3 LLC), Indenture (Phillips Edison & Company, Inc.), NLCP Operating Partnership Lp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder Noteholder of a Security shall bind is a continuing consent by the Holder Noteholder and every subsequent Holder Noteholder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Noteholder's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder Noteholder or subsequent Holder Noteholder may revoke the consent as to its such Noteholder's Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the Noteholders of the requisite principal amount of Securities have consented to the amendment, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders Noteholders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders Noteholders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders Noteholders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders Noteholders of the principal amount of Securities required hereunder for or such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 5 contracts

Samples: Indenture (HMT Technology Corp), Indenture (Komag Inc /De/), Coeur D Alene Mines Corp

Revocation and Effect of Consents. A consent Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind is a continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, if the Trustee must receive receives the written notice of revocation before the date the amendment, supplement waiver or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at on such record date (or their duly designated proxies), ) and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective also 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 Securityholder.

Appears in 4 contracts

Samples: Indenture (Interpool Inc), Indenture (Interpool Inc), Indenture (Interpool Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For such revocation to be effective, Note if the Trustee must receive receives the notice of revocation before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Notes have consented to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of Securities Notes required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 4 contracts

Samples: Indenture (NTL Communications Corp), Indenture (NTL Communications Corp), Indenture (NTL Communications Corp)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before a date and time therefor identified by the Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the 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 Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such take any other date as the Company shall designateaction under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such that amendment, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No consent shall be valid or effective for more than 90 days after such that record date unless consent consents from the Holders of the principal amount of Securities required hereunder for such amendment, supplement that amendment or waiver to be effective also shall have also been given and not revoked within such that 90-day period.

Appears in 3 contracts

Samples: Senior Indenture (Post Holdings, Inc.), Indenture (McDermott International Inc), McDermott International Inc

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 3 contracts

Samples: Registration Rights Agreement (West Texas & Lubbock Railroad Co Inc), Fedders Corp /De, Fedders North America Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective (or until such earlier date as specified by the Company in connection with the solicitation of such consent), a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effectiveeffective (or such earlier date specified by the Company in connection with the solicitation of such consent). 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 After an amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior waiver becomes effective with respect to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08Securities, or (ii) such other date as the Company it shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to bind every Holder unless such amendment, supplement or waiver or makes a change that requires, pursuant to revoke any Section 9.02, the consent previously givenof each Holder affected. In that case, 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver 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 Xxxxxx’s Security. Any amendment to this Indenture or the Securities shall be effective also set forth in a supplemental indenture to this Indenture that complies with the TIA as then in effect, if the TIA is applicable to this Indenture. Nothing in this Section 9.03 shall have been given impair the Company’s rights pursuant to Section 9.01 to amend this Indenture or the Securities without the consent of any Holder in the manner set forth in, and not revoked within permitted by, such 90-day periodSection 9.01.

Appears in 3 contracts

Samples: Indenture (Cornerstone OnDemand Inc), Symantec Corp, Symantec Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Secured Note is a continuing consent by the Holder of a Secured Note and every subsequent Holder of a Security Secured Note or portion of a Security Secured Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecuritySecured Note. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Secured Note or subsequent Holder of a Secured Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. The Company Issuers may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date Record Date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those such Persons, shall be entitled to consent to such amendment, supplement supplement, or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 120 days after such record date Record Date unless the consent from the Holders of the principal amount requisite number of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have Holders has been given and not revoked within such 90-day periodobtained.

Appears in 3 contracts

Samples: Intercreditor Agreement (Sinclair Broadcast Group Inc), Collateral Agreement (Sinclair Broadcast Group Inc), Indenture (Sinclair Broadcast Group Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, if the Trustee must receive the receives written notice of revocation before the date the amendmentwaiver, supplement or waiver amendment becomes effective. An amendment waiver, or supplement 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 which Holders entitled to must consent to any such amendment, supplement or waiver. If the Company elects to fix fixes a record date for such purposedate, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, 2.5 hereof or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement amendment or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No consent After an amendment, supplement or waiver becomes effective, it shall be valid or effective for more than 90 days after such record date bind every Holder, unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver makes a change described in any of clauses (i) through (vii) of Section 9.2, in which case, the amendment, supplement or waiver shall bind only each Holder of a Security who has consented to be effective also shall have been given it and not revoked within such 90-day periodevery subsequent Holder of a Security or portion of a Security that evidences the same indebtedness as the consenting Holder's Security.

Appears in 3 contracts

Samples: Indenture (Beverly Enterprises Inc), Indenture (Rehabilitation Associates of Lafayette Inc), Indenture (Beverly Enterprises Inc /De/)

Revocation and Effect of Consents. A consent to an amendment, a supplement or a waiver by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before at any time prior to (but not after) the date the Trustee receives an Officer’s Certificate certifying that the Holders of the requisite aggregate principal amount of Securities of the applicable series have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior take any other action with respect to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateSecurities under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at the close of business on such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date, and for this purpose the Securities then outstanding shall be computed as of such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the aggregate principal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Indenture (Nisource Inc/De), Indenture (Columbia Pipeline Group, Inc.), Indenture (Nabors Industries LTD)

Revocation and Effect of Consents. A Until an amendment (which includes any supplement) or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before the date the amendment or waiver becomes effective. An amendment, supplement or waiver 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 amendment or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such take any other date as the Company shall designateaction under this Indenture. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Indenture (Fiber Glass Systems Lp), Indenture (Pure Resources Inc), Tuboscope Inc /De/

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives 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. 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, 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 those Persons, 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 unless consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such amendmentfixed record date, supplement or waiver to be effective also shall have been given and not revoked within such 90-day periodif applicable.

Appears in 3 contracts

Samples: Indenture (Fti Consulting Inc), Supplemental Indenture (Fti Consulting Inc), Indenture (Fti Consulting Inc)

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security Note shall bind the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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 amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall may designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities Notes required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 3 contracts

Samples: Esterline Technologies Corp, Indenture (Armor Holdings Inc), Indenture (O Charleys Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under (S)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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (Uih Australia Pacific Inc), Navistar International Corp /De/New

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (USA Direct, LLC), Indenture (Webcraft LLC)

Revocation and Effect of Consents. A consent to an amendment, supplement amendment (which includes a supplement) or waiver by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security of any series or portion of a Security of such series that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before at any time pror to (but not after) the date the 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, supplement or waiver. An amendment, supplement or waiver 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 amendment or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior take any other action with respect to the first solicitation Securities of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateany series under this Indenture. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of the Securities of such series required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Supplemental Indenture (R&b Falcon Corp), R&b Falcon Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Security shall bind the is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of a the same Security or portion thereof, and of a any Security that evidences issued upon the same debt as the consenting Holder’s Securitytransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any such Security. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, if the Trustee must receive receives the notice of revocation before the date the amendment, supplement supplement, waiver or waiver 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. 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 those such Persons, shall be entitled to consent to such amendment, supplement 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (Scenic Outdoor Marketing of Consulting Inc), American Signs Inc

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security such Se- curity or portion of a such Security that evidences the same debt as the consenting con- senting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke in writing the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the written notice of revocation before be- fore the date the amendment, supplement or waiver 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 sup- plement or waiver. If the Company elects to fix a record date for such purpose, the record date waiver which shall be fixed at (i) the later of least 30 days prior to the first solicitation solicita- tion of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue persons con- tinue 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 consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver becomes effective, it shall bind ev- ery Holder of a Security of such Series, unless it makes a change described in any of clauses (1) through (7) of Section 9.02. In that case the amendment, supplement or waiver shall bind each Holder of a Security who has consented to be effective also shall have been given it and not revoked within such 90-day periodevery subsequent Holder of a Security or portion of a Security of the same Series that evidences the same debt as the consenting Holder's Security.

Appears in 2 contracts

Samples: Coastal Corp, Coastal Corp

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For his Note 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 to be effective, is received by the Trustee must receive the notice of revocation Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the which record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date so fixed by the Company notwithstanding the provisions of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateTIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder; provided that any such waiver shall not impair or affect the right of any Holder to be effective also shall have been given receive payment of principal and not revoked within premium of and interest on a Note, on or after the respective dates set for such 90-day periodamounts to become due and payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 2 contracts

Samples: Indenture (Transamerican Refining Corp), Transamerican Refining Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (Big Flower Press Holdings Inc), Big Flower Press Holdings Inc /Pred/

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective (or until such earlier date as specified by the Company in connection with the solicitation of such consent), a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effectiveeffective (or such earlier date specified by the Company in connection with the solicitation of such consent). 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 After an amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior waiver becomes effective with respect to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08Securities, or (ii) such other date as the Company it shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to bind every Holder unless such amendment, supplement or waiver or makes a change that requires, pursuant to revoke any Section 9.02, the consent previously givenof each Holder affected. In that case, 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver 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. Any amendment to this Indenture or the Securities shall be effective also set forth in a supplemental indenture to this Indenture that complies with the TIA as then in effect, if the TIA is applicable to this Indenture. Nothing in this Section 9.03 shall have been given impair the Company's rights pursuant to Section 9.01 to amend this Indenture or the Securities without the consent of any Holder in the manner set forth in, and not revoked within permitted by, such 90-day periodSection 9.01.

Appears in 2 contracts

Samples: Investment Agreement (Nu Skin Enterprises Inc), Investment Agreement (Nu Skin Enterprises Inc)

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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 amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.5, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Chesapeake Gas Development Corp, Chesapeake Gas Development Corp

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For such revocation his Note by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date the on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver ) 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or 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 consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder, unless it makes a change described in any of clauses (1) through (11) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to be effective also it and every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note; provided that any such waiver shall have been given not impair or affect the right of any Holder to receive payment of principal of and not revoked within interest on a Note, on or after the respective due dates therefor, or to bring suit for the enforcement of any such 90-day periodpayment on or after such respective dates without the consent of such Holder.

Appears in 2 contracts

Samples: Davita Inc, Davita Inc

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment(except as to any supplemental indenture, supplement agreement or instrument or waiver entered into, or any other action taken in respect of such consent, prior to be effective also shall have been given and not revoked within the expiration of such 90-120 day period).

Appears in 2 contracts

Samples: Indenture (General Chemical Group Inc), Indenture (Gentek Inc)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security such Se- curity or portion of a such Security that evidences the same debt as the consenting con- senting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke in writing the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the written notice of revocation before be- fore the date the amendment, supplement or waiver 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 sup- plement or waiver. If the Company elects to fix a record date for such purpose, the record date waiver which shall be fixed at (i) the later of least 30 days prior to the first solicitation solicita- tion of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue persons con- tinue 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 consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver becomes effective, it shall bind ev- ery Holder of a Security of such Series, unless it makes a change described in any of clauses (1) through (6) of Section 9.02. In that case the amendment, supplement or waiver shall bind each Holder of a Security who has consented to be effective also shall have been given it and not revoked within such 90-day periodevery subsequent Holder of a Security or portion of a Security of the same Series that evidences the same debt as the consenting Holder's Security.

Appears in 2 contracts

Samples: Coastal Corp, Coastal Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its such Holder’s Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before a date and time therefor identified by the Company in a notice furnished to such Holder in accordance with the terms of this Indenture or, if no such date and time shall be identified, the 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 Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such take any other date as the Company shall designateaction under this Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders at such that record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such that amendment, supplement or waiver or to revoke any consent previously given, whether or not such those Persons continue to be Holders after such that record date. No consent shall be valid or effective for more than 90 days after such that record date unless consent consents from the Holders of the principal amount of Securities required hereunder for such amendment, supplement that amendment or waiver to be effective also shall have also been given and not revoked within such that 90-day period.

Appears in 2 contracts

Samples: Indenture (Helix Energy Solutions Group Inc), Helix Energy Solutions Group Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder holder of a Security shall bind Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s Securityholder's Note, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder holder or subsequent Holder holder may revoke the consent as to its Security his or her Note or portion of a Security. For such revocation to be effective, Note if the Trustee must receive receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the holders of the requisite aggregate principal amount of then outstanding Notes have consented to the amendment, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders holders of the aggregate principal amount of Securities Notes required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Agere Systems Inc), Indenture (Agere Systems Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation Note by written notice to be effective, the Trustee must receive and the notice of revocation Company received before the date on which the Trustee, and if such amendment, waiver or supplement relates to any Collateral Agreement, the Collateral Agent, receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Gastar Exploration USA, Inc.), Gastar Exploration LTD

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of holder is a Security shall bind continuing consent by the Holder holder and every subsequent Holder holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holderholder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an any such holder or subsequent holder may revoke the consent as to his Note or portion of his Note by notice to the Trustee and the Company received before the date on which such amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the An amendment, supplement or waiver becomes effectiveeffective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officer’s Certificate certifying that the holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date unless consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such fixed record date if applicable. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day periodbind every noteholder.

Appears in 2 contracts

Samples: Western Digital Corp, WD Media, LLC

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (Scot Inc), Falcon Products Inc /De/

Revocation and Effect of Consents. A Until an amendment, supplement or waiver becomes effective, a consent to an such amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting HolderXxxxxx’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives notice of revocation before the date the amendment, supplement or waiver becomes effective. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designatewaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions Holders of the immediately preceding paragraph, those Persons who were Holders at Securities outstanding on such record date (or their duly designated proxies)date, and only those Personsno other Holders, 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 remain Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of the Securities required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 2 contracts

Samples: Indenture (Mandalay Resort Group), Indenture (Mandalay Resort Group)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Issuers received before the date on which the 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, supplement or waiver becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Indenture (Graham Packaging Holdings Co), Graham Packaging Holdings Co

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For such revocation his Note by notice to be effective, the Trustee must receive and the notice of revocation Company received before the date the on which such amendment, supplement or waiver becomes effective. An amendment, supplement or waiver becomes effective in accordance with the terms thereof (or if silent as to effectiveness, on the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver ) 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to 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 unless consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder, unless it makes a change described in any of clauses (1) through (9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to be effective also shall have been given it and not revoked within such 90-day periodevery subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder’s Note.

Appears in 2 contracts

Samples: Physicians Management, LLC, Physicians Management, LLC

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a such Security or portion of a such Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke in writing the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the written notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date waiver which shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 2 contracts

Samples: Forest Oil Corp, Forest Oil Corp

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For 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 to be effective, is received by the Trustee must receive the notice of revocation Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the which record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date so fixed by the Company notwithstanding the provisions of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateTIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver becomes effective, it shall bind every Securityholder; provided that any such waiver shall not impair or affect the right of any Holder to be effective also shall have been given receive payment of principal and not revoked within premium of and interest on a Security, on or after the respective dates set for such 90-day periodamounts to become due and payable expressed in such Security, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 2 contracts

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

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under Sections 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Big Flower Holdings Inc/

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives 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. The Company may, but shall not be obligated to, fix a record date (which need not comply with Section 316(c) of the TIA) for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such take any other date as the Company shall designateaction under this Indenture. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.record

Appears in 1 contract

Samples: Indenture (Cabot Oil & Gas Corp)

Revocation and Effect of Consents. A consent Section 904 of the Indenture is hereby amended by adding thereto the following: Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind is a continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, if the Trustee must receive receives the notice of revocation before the date the amendment, supplement waiver or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities then outstanding required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period. After an amendment, waiver or other action becomes effective, pursuant to Section 901 or 902, as the case may be, it shall bind every Holder of a Security.

Appears in 1 contract

Samples: Indenture (Health & Retirement Properties Trust)

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder’s Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effectiveeffective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date which Record Date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date Record Date unless consent consents from the Holders of the requisite percentage in principal amount of Securities outstanding Notes required hereunder under this Third Supplemental Indenture for the effectiveness of such amendment, supplement or waiver to be effective also consents shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Third Supplemental Indenture (Rosetta Resources Inc.)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under (S) 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Navistar International Corp /De/New

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effectiveeffective in accordance with its terms (or if silent as to effectiveness, on the date on which the Trustee receives an Officer’s Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to such amendment, supplement or waiver) 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 supplement, or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. 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 those such Persons, shall be entitled to consent to such amendment, supplement 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 90 120 days after such record date unless the consent from the Holders of the principal amount requisite number of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have Holders has been given and not revoked within such 90-day periodobtained.

Appears in 1 contract

Samples: NMI Holdings, Inc.

Revocation and Effect of Consents. A consent to Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Security shall bind the Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of a Security the same Note or portion thereof, and of a Security that evidences any Note issued upon the same debt as the consenting Holder’s Securitytransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any Securitysuch Note. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder's Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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 supplement, or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. 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 those such Persons, shall be entitled to consent to such amendment, supplement 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement (except as to any supplemental indenture agreement or instrument or waiver entered into or any other action taken in respect of such consent, prior to be effective also shall have been given and not revoked within the expiration of such 90-90 day period).

Appears in 1 contract

Samples: Fairfield Manufacturing Co Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver 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 which Holders entitled to must consent to any amendment, supplement such amendment or waiver. If the Company elects to fix fixes a record date for such purposedate, then the record date shall be fixed at the later of (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.06, or (ii) such other date as the Company shall lawfully designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind the continuing consent by such Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s Security's Note, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote prior to such amendment, supplement or waiver becoming effective. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than 90 actions taken within 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within bind every Holder; unless it makes a change described in any of clauses (a) through (j) of Section 9.02; if it makes such 90-day perioda change, the amendment, supplement or waiver shall bind every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: Rose Hills Co

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind the continuing consent by such Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s Security's Note, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote prior to such amendment, supplement or waiver becoming effective. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than 90 actions taken within 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within bind every Holder, unless it makes a change described in any of clauses (a) through (j) of Sec- tion 9.02; if it makes such 90-day perioda change, the amendment, sup- plement or waiver shall bind every subsequent Holder of a Note or portion of a Note that evidences the same debt as the consenting Holder's Note.

Appears in 1 contract

Samples: Indenture (Mettler Toledo Holding Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver 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 which Holders entitled to must consent to any amendment, supplement such amendment or waiver. If the Company elects to fix fixes a record date for such purposedate, then the record date shall be fixed at the later of (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.06, or (ii) such other date as the Company shall lawfully designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders held Notes at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (United Community Banks Inc)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder’s Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Indenture (Carrols Corp)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s Security's Note, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Big Flower Digital Services Delaware Inc

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.05, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.. [[NYCORP:2552346v6:4259b:11/07/05--10:59 p]]

Appears in 1 contract

Samples: Indenture (Chesapeake Energy Corp)

Revocation and Effect of Consents. A consent Subject to this Indenture, each amendment, supplement or waiver evidencing other action shall become effective in accordance with its terms. Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind is a continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, if the Trustee must receive receives the notice of revocation before the date the amendment, supplement waiver or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities then Outstanding required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Indenture (National Healthcare Corp)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind is a continuing consent by the Holder of a Security and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Security or subsequent Holder of a Security may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. The Company may, but shall not be obligated to, fix a such record date as it may select for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Range Resources (Range Energy I Inc)

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Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver becomes effectivewaiver. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Digital Television Services of Kansas LLC

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For 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 to be effective, revo- cation is received by the Trustee must receive the notice of revocation Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effectivewaiv- er. 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. If the Company elects to fix a record date for such purpose, the which record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date so fixed by the Company notwithstanding the provisions of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateTIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Indenture (Checkpoint Systems Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under (0) 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Aes Corporation

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For his Note 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 to be effective, is received by the Trustee must receive the notice of revocation Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If , which Record Date shall be the date so fixed by the Company elects to fix a record date for such purpose, notwithstanding the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date provisions of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateTIA. If a record date Record Date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, regardless of whether or not such Persons continue to be Holders after such record dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such Record Date. After an amendment, supplement or waiver becomes effective, it shall bind every Noteholder; provided that any such waiver shall not impair or affect the right of any Holder to be effective also shall have been given receive payment of principal and not revoked within premium of and interest on a Note, on or after the respective dates set for such 90-day periodamounts to become due and payable expressed in such Note, or to bring suit for the enforcement of any such payment on or after such respective dates.

Appears in 1 contract

Samples: Transamerican Energy Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or 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 unless consent from except to the Holders extent that the requisite number of consents to the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked obtained within such 90-day periodperiod or as set forth in the next paragraph of this ‎Section 9.04. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change described in any of clauses ‎(a) through ‎(i) of ‎Section 9.02, in which case, the amendment, supplement or waiver shall bind only each Holder of a Note who has consented to it and every subsequent Holder of a Note or portion of a Note that evidences the same indebtedness as the consenting Holder’s Note.

Appears in 1 contract

Samples: Indenture (Navajo Transitional Energy Company, LLC)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Not- withstanding the above, nothing in this paragraph shall impair the right of any Securityholder under (S)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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Navistar Financial Corp

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security Note shall bind the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security Note or portion of a SecurityNote. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.07, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities Notes required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period. After an amendment, supplement or waiver becomes effective, it shall bind every Holder.

Appears in 1 contract

Samples: Rave Restaurant Group, Inc.

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Note if the Trustee receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. After an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Securityit shall bind every Holder. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the An amendment, supplement or waiver becomes effectiveeffective once both (i) the requisite number of consents have been received by the Company or the Trustee and (ii) such amendment, supplement or waiver has been executed by the Company, the Guarantors and the Trustee. 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such give their consent or the date of the most recent list of Holders furnished take any other action described above or required or permitted to the Trustee prior to such solicitation be taken pursuant to Section 2.08, or (ii) such other date as the Company shall designatethis Indenture. If a record date is fixed, 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 those Persons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Saxon Capital Inc

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount at maturity of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders of Securities entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Tci Satellite Entertainment Inc

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder’s Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effectiveeffective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date which Record Date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date Record Date unless consent consents from the Holders of the requisite percentage in principal amount of Securities outstanding Notes required hereunder under this First Supplemental Indenture for the effectiveness of such amendment, supplement or waiver to be effective also consents shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Supplemental Indenture (Rosetta Resources Inc.)

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder’s Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effectiveeffective upon receipt by the Trustee of such Officers’ Certificate. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date which Record Date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date Record Date unless consent consents from the Holders of the requisite percentage in principal amount of Securities outstanding Notes required hereunder for the effectiveness of such amendment, supplement or waiver to be effective also consents shall have also been given and not revoked within such 90-90 day period.

Appears in 1 contract

Samples: Standard Commercial Corp

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For 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 to be effective, is received by the Trustee must receive the notice of revocation Company or such Person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the which record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of so fixed by the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateCompany. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date date, and only those Persons (or their duly designated proxies), and only those Persons, shall be entitled to 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Indenture (Smartalk Teleservices Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Debenture is a continuing consent by the Holder of a Debenture and every subsequent Holder of a Security Debenture or portion of a Security Debenture that evidences the same debt as the consenting Holder’s Security's Debenture, even if notation of the consent is not made on any SecurityDebenture. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Debenture or subsequent Holder of a Debenture may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Debenture if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, 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 those Persons, 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 unless consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such amendmentfixed record date, supplement or waiver to be effective also shall have been given and not revoked within such 90-day periodif applicable.

Appears in 1 contract

Samples: Dynegy Inc /Il/

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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 amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.05, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.such

Appears in 1 contract

Samples: National Energy Group Inc

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder’s Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Issuer received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effectiveeffective upon receipt by the Trustee of such Officers’ Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company Issuer may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date which Record Date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date Record Date unless consent consents from the Holders of the requisite percentage in principal amount of Securities outstanding Notes required hereunder under this Second Supplemental Indenture for the effectiveness of such amendment, supplement or waiver to be effective also consents shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Supplemental Indenture (Rosetta Resources Inc.)

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security Note shall bind the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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 amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.05, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities Notes required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Giant Industries Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive and the Collateral Agent receives written notice of revocation before the earlier of the date the waiver, supplement or amendment becomes effective and the date on which the Trustee and the Collateral Agent receives an Officer’s Certificate from the Issuers certifying that the requisite principal amount of Notes have consented. An amendment, supplement or waiver becomes effectiveeffective in accordance with its terms and thereafter binds every Holder. 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 supplement, or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. 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 those such Persons, shall be entitled to consent to such amendment, supplement 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 90 120 days after such record date unless the consent from the Holders of the requisite principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have Notes has been given and not revoked within such 90-day periodobtained.

Appears in 1 contract

Samples: Indenture (OUTFRONT Media Inc.)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders of Securities at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders of such Securities after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Indenture (Carrols Corp)

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For 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 to be effective, is received by the Trustee must receive the notice of revocation Company or such person before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the which record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date so fixed by the Company notwithstanding the provisions of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateTIA. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date date, and only those persons (or their duly designated proxies), and only those Persons, shall be entitled to 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Employee Solutions Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under ss. 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Aes Corporation

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by written notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount at maturity of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or 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 consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Triton PCS Inc

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any such Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder’s Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers’ Certificate certifying that the Holders of the requisite aggregate principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those 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 unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day periodbind every Holder.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within bind every Securityholder, unless it makes a change described in any of clauses (a) through (i) of Section 9.2; if it makes such 90-day perioda change, the amendment, supplement or waiver shall bind every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder's Security.

Appears in 1 contract

Samples: Pledge and Security Agreement (Continental Caribbean Containers Inc)

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by -103- the Holder 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its Security such Holder's Note or portion of a Security. For such revocation Note by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officers' Certificate certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver. An amendment, supplement or waiver becomes effectiveeffective upon receipt by the Trustee of such Officers' Certificate and evidence of consent by the Holders of the requisite percentage in principal amount of outstanding Notes. The Company may, but shall not be obligated to, fix a record date Record Date for the purpose of determining the Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date which Record Date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date Record Date is fixed, then notwithstanding the provisions second sentence of the immediately preceding paragraph, those Persons who were Holders at such record date Record Date (or their duly designated proxies), and only those Persons, shall be entitled to 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 dateRecord Date. No such consent shall be valid or effective for more than 90 days after such record date Record Date unless consent consents from the Holders of the requisite percentage in principal amount of Securities outstanding Notes required hereunder for the effectiveness of such amendment, supplement or waiver to be effective also consents shall have also been given and not revoked within such 90-90 day period.

Appears in 1 contract

Samples: T Sf Communications Corp

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder’s Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to 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 unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day periodbind every Securityholder.

Appears in 1 contract

Samples: Indenture (Euramax International PLC)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security that Note or portion of a Security that Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a SecurityNote. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. Notwithstanding the above, nothing in this paragraph shall impair the right of any Securityholder under § 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of 30 least 10 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions second and third sentences of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons continue to be Holders after such record date. No Such consent shall be valid or effective only for more than actions taken within 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day period.bind every Securityholder unless it makes a change described in any of clauses (a) through (l) of

Appears in 1 contract

Samples: Indenture (Vertis Inc)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any such Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the 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, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those 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 unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day periodbind every Holder.

Appears in 1 contract

Samples: Indenture (Hard Rock Hotel Inc)

Revocation and Effect of Consents. A consent to Until an amendment, waiver, supplement or waiver consent becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive receives the notice of such revocation before the date the amendment, supplement supplement, waiver or waiver consent 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, waiver or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, then notwithstanding the provisions last two sentences of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement supplement, waiver or consent becomes effective, it shall bind every Securityholder, unless it makes a change described in any of clauses (1) through (7) of Section 10.02, in which case, the amendment, supplement, waiver to be effective also or consent shall have been given and not revoked within such 90-day period.bind

Appears in 1 contract

Samples: Pledge and Security Agreement (Brooke Group LTD)

Revocation and Effect of Consents. A Until an amendment, supplement or waiver becomes effective, a consent to an such amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s Xxxxxx's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives notice of revocation before the date the amendment, supplement or waiver becomes effective. The Company may, but shall not be obligated to, fix set a record date for the purpose of determining the identity of Holders entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designatewaiver permitted by this Indenture. If a record date is fixed, then notwithstanding the provisions Holders of the immediately preceding paragraph, those Persons who were Holders at Securities of that series outstanding on such record date (or their duly designated proxies)date, and only those Personsno other Holders, 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 remain Holders after such record date. No consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of Securities of that series required hereunder for such amendment, supplement or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Circus Circus Enterprises Inc

Revocation and Effect of Consents. A consent to an amendment, supplement amendment (which includes a supplement) or waiver by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security of any series or portion of a Security of such series that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his or her Security or portion of a Security. For such revocation to be effective, Security if the Trustee must receive the receives written notice of revocation before at any time prior to (but not after) the date the 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, supplement or waiver. An amendment, supplement or waiver 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 amendment or waiver. If the Company elects waiver or to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior take any other action with respect to the first solicitation Securities of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateany series under this Indenture. If a record date is fixed, 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 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 consent shall be valid or effective for more than 90 days after such record date unless consent consents from the Holders of the principal amount of the Securities of such series required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: Anadarko Petroleum Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder and every subsequent Holder of a Security that Note or portion of a Security the Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any Securitythe Note. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. When an amendment, supplement or waiver becomes effectiveeffective in accordance with its terms, it thereafter binds every Holder. The Company Issuers may, but shall not be obligated to, fix a record date for the purpose of determining the which Holders entitled to consent to any such amendment, supplement or waiver. If the Company elects to Issuers fix a record date for such purposedate, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to for the Trustee prior to such solicitation pursuant to Section 2.08, 2.5 hereof or (ii) such other date as the Company Issuers shall designate. 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 those such Persons, shall be entitled to consent to such amendment, supplement supplement, or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day period.

Appears in 1 contract

Samples: APT Sunshine State LLC

Revocation and Effect of Consents. A consent to Until an amendment, supplement supplement, waiver or waiver other action becomes effective, a consent to it by a Holder of a Security shall bind the Note is a continuing consent conclusive and binding upon such Holder and every subsequent Holder of a Security the same Note or portion thereof, and of a Security that evidences any Note issued upon the same debt as the consenting Holder’s Securitytransfer thereof or in exchange therefor or in place thereof, even if notation of the consent is not made on any Securitysuch Note. However, until an amendment, supplement or waiver becomes effective, any Any such Holder or subsequent Holder Holder, however, may revoke the consent as to its Security his Note or portion of a Security. For such revocation to be effectiveNote, if the Trustee must receive receives the notice of revocation before the date the amendment, supplement supplement, waiver or waiver 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. 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 those such Persons, shall be entitled to consent to such amendment, supplement 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 unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement supplement, waiver or waiver to be effective also other action becomes effective, it shall have been given and not revoked within such 90-day period.bind every Noteholder, unless it makes a change described in any of clauses (1)

Appears in 1 contract

Samples: Lamar Advertising Co

Revocation and Effect of Consents. A consent to Until an amendment, waiver or supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s SecurityNote, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security his Note or portion of a Security. For such revocation his Note by written notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officer’s Certificate of the Company certifying that the Holders of the requisite principal amount of Notes have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons who were Holders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to consent to such amendment, supplement or waiver or 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 consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such fixed record date if applicable. After an amendment, supplement or waiver becomes effective, it shall bind every Holder, unless it makes a change referred to be effective also in any of clauses (1) through (9) of Section 9.02(b), in which case, the amendment, supplement or waiver shall have been given and not revoked within such 90-day period.bind only each Holder of a Note who has

Appears in 1 contract

Samples: Pilgrims Pride Corp

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of a Security shall bind Note is a continuing consent by the Holder of a Note 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, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder of a Note or subsequent Holder of a Note may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, Note if the Trustee must receive the receives written notice of revocation before the date the waiver, supplement or amendment becomes effective. An amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the waiver which record date shall be fixed at (i) the later of least 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designateconsent. If a record date is fixed, 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 those Persons, 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 unless consent from date. The Company shall inform the Holders Trustee in writing of the principal amount of Securities required hereunder for such amendmentfixed record date, supplement or waiver to be effective also shall have been given and not revoked within such 90-day periodif applicable.

Appears in 1 contract

Samples: Indenture (Dynegy Inc /Il/)

Revocation and Effect of Consents. A Until an amendment or waiver becomes effective, a consent to an amendment, supplement or waiver it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a that Security or portion of a that Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any such Security. However, until an amendment, supplement or waiver becomes effectiveSubject to the following paragraph, any such Holder or subsequent Holder may revoke the consent as to its such Holder's Security or portion of a Security. For such revocation Security by notice to be effective, the Trustee must receive or the notice of revocation Company received before the date on which the Trustee receives an Officer's Certificate certifying that the Holders of the requisite principal amount of Securities have consented (and not theretofore revoked such consent) to the amendment, supplement or waiver 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions last sentence of the immediately preceding paragraph, those Persons persons who were Holders at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to 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 unless consent from the Holders of the principal amount of Securities required hereunder for such date. After an amendment, supplement or waiver to be effective also becomes effective, it shall have been given and not revoked within such 90-day periodbind every Holder.

Appears in 1 contract

Samples: Brand Scaffold Services Inc

Revocation and Effect of Consents. A consent to an --------------------------------- amendment, supplement or waiver by a Holder of a Security shall bind such Holder and every subsequent Holder of that Security or portion of the Security that evidences the same debt as the consenting Holder's Security, even if notation of the consent is not made on the Security. However, any such Holder or subsequent Holder may revoke the consent as to such Holder's Security or portion of the 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, it shall bind every Holder unless it makes a change described in clauses (1) through (6) of Section 8.02. In that case the amendment, supplement or waiver 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 Security, even if notation of the consent is not made on any 's Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver becomes effective. The Company Issuer 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. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such give their consent or the date of the most recent list of Holders furnished take any other action described above or required or permitted to the Trustee prior to such solicitation be taken pursuant to Section 2.08, or (ii) such other date as the Company shall designatethis Indenture. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons who were Holders or Securityholders at such record date (or their duly designated proxies), and only those Persons, shall be entitled to give such consent to such amendment, supplement or waiver or to revoke any consent previously givengiven or to take any such action, whether or not such Persons continue to be Holders after such record date. No consent such consents shall be valid or effective for more than 90 120 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Investment Agreement (Americold Corp /Or/)

Revocation and Effect of Consents. A consent to an amendment, supplement or waiver by a Holder of a Security shall bind the Holder and every subsequent Holder of a Security or portion of a Security that evidences the same debt as the consenting Holder’s 's Security, even if notation of the consent is not made on any Security. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its his Security or portion of a Security. For such revocation to be effective, the Trustee must receive the notice of revocation before the date the amendment, supplement or waiver 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 amendment or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.082.05, or (ii) such other date as the Company shall designate. If a record date is fixed, 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 those Persons, . shall be entitled to consent to such amendment, supplement amendment or 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 unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement amendment or waiver to be effective also shall have been given and not revoked within such 90-day period.. After an amendment, supplement or waiver becomes effective, it shall bind every Holder unless it makes a change described in any of clauses (1) through (9) of Section 9.02. In that case the amendment, supplement or

Appears in 1 contract

Samples: Giant Industries Inc

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder holder of a Security shall bind Note is a continuing consent by the Holder holder and every subsequent Holder holder of a Security Note or portion of a Security Note that evidences the same debt as the consenting Holder’s Securityholder's Note, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder holder or subsequent Holder holder may revoke the consent as to its Security his or her Note or portion of a Security. For such revocation to be effective, Note if the Trustee must receive receives the notice of revocation before the date on which the Trustee receives an Officers' Certificate certifying that the holders of the requisite aggregate principal amount of then outstanding Notes have consented to the amendment, supplement or waiver becomes effectivewaiver. The Company may, but shall not be obligated to, fix a record date for the purpose of determining the Holders holders of Notes entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then notwithstanding the provisions of the immediately preceding paragraph, those Persons persons who were Holders holders of Notes at such record date (or their duly designated proxies), and only those Personspersons, shall be entitled to consent to such amendment, supplement or waiver or to revoke any consent previously given, whether or not such Persons persons continue to be Holders holders after such record date. No consent shall be valid or effective for more than 90 120 days after such record date unless consent consents from the Holders holders of the aggregate principal amount of Securities Notes required hereunder for such amendment, supplement amendment or waiver to be effective also shall have also been given and not revoked within such 90120-day period.

Appears in 1 contract

Samples: Indenture (Agere Systems Inc)

Revocation and Effect of Consents. A consent to Until an amendment, supplement or waiver becomes effective, a consent to it by a Holder of is a Security shall bind continuing consent by the Holder and every subsequent Holder of a Security Note or portion of a Security Note that evidences the same debt as the Note of the consenting Holder’s Security, even if notation of the consent is not made on any SecurityNote. However, until an amendment, supplement or waiver becomes effective, any such Holder or subsequent Holder may revoke the consent as to its Security Note or portion of a Securityits Note. For such Such revocation to shall be effective, effective only if the Trustee must receive receives the notice of revocation before the date the amendment, supplement or waiver becomes effective. An amendment, supplement or waiver shall become effective with respect to any Notes affected thereby on receipt by the Trustee of written consents from the requisite Holders of outstanding Notes affected thereby. The Company may, but shall not be obligated to, fix a record date (which may be not less than five nor more than 60 days prior to the solicitation of consents) for the purpose of determining the Holders of the Notes of any series affected entitled to consent to any amendment, supplement or waiver. If the Company elects to fix a record date for such purpose, the record date shall be fixed at (i) the later of 30 days prior to the first solicitation of such consent or the date of the most recent list of Holders furnished to the Trustee prior to such solicitation pursuant to Section 2.08, or (ii) such other date as the Company shall designate. If a record date is fixed, then then, notwithstanding the provisions of the immediately preceding paragraph, those Persons who were such Holders at such record date (or their duly designated proxies), ) and only those Persons, 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 such Holders after such record date. No such consent shall be valid or effective for more than 90 days after such record date unless consent from the Holders of the principal amount of Securities required hereunder for such amendment, supplement or waiver to be effective also shall have been given and not revoked within such 90-day perioddate.

Appears in 1 contract

Samples: Collateral Trust Agreement (Aes Corp)

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