With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Notes held by a non-consenting holder):
Appears in 6 contracts
Samples: Indenture (Vion Pharmaceuticals Inc), Indenture (LTX-Credence Corp), Indenture (LTX-Credence Corp)
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Subordinated Notes held by a non-consenting holder):
Appears in 5 contracts
Samples: Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc), Indenture (Amkor Technology Inc)
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend or supplement this Indenture or the Convertible Notes with the written consent of the holders Holders of at least a majority in aggregate principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible the Notes) ). Subject to Sections 6.04 and 6.07, the Company and the Trustee may also waive any existing Default or compliance in a any particular instance by the Company with any provision of this Indenture or the Convertible Notes with the consent of the Holders of at least a majority in principal amount of the Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for the Notes). However, without the consent of each holder of a Convertible Note Holder affected, an amendment or waiver under this Section may not (with respect to any Convertible Notes held by a non-consenting holderHolder):
Appears in 3 contracts
Samples: Indenture (Delta Air Lines Inc /De/), Delta Air Lines Inc /De/, Delta Air Lines Inc /De/
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Subordinated Notes held by a non-consenting holder):
Appears in 2 contracts
Samples: Indenture (Credence Systems Corp), Hutchinson Technology Inc
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Notes Debentures with the written consent of the holders Holders of at least a majority in principal amount of the then outstanding Convertible Notes Debentures (including without limitation consents obtained in connection with a purchase of, or a tender offer or exchange offer for Convertible Notesfor, Debentures). Subject to Sections 6.04 and 6.07, the holders Holders of a majority in principal amount of the Convertible Notes then then-outstanding Debentures (including without limitation by consents obtained in connection with a purchase of, or a tender offer or exchange offer for Convertible Notesfor, Debentures) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible NotesDebentures. However, without the consent of each holder Holder of a Convertible Note Debenture affected, an amendment or waiver under this Section may not (not, with respect to any Convertible Notes Debentures held by a non-consenting holder):Holder:
Appears in 1 contract
Samples: Indenture (Gencorp Inc)
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in aggregate principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in aggregate principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Notes held by a non-consenting holder):
Appears in 1 contract
With the Consent of Holders. Subject to Section 6.076.7, the --------------------------- Company and the Trustee may amend this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority the holders of 66 2/3% in aggregate principal amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 6.4 and 6.076.7, the holders of a majority 66 2/3% in aggregate principal amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Notes held by a non-consenting holder):not:
Appears in 1 contract
Samples: Leasing Solutions Inc
With the Consent of Holders. Subject to Section 6.076.7, the Company and the Trustee may amend or supplement this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 6.4 and 6.076.7, the holders of a majority in principal amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive any existing default or compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Subordinated Notes held by a non-consenting holder):
Appears in 1 contract
With the Consent of Holders. Subject to Section 6.07, the Company and the Guarantor, when authorized by a Board Resolution, and the Trustee may amend this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in aggregate principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in aggregate principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Notes held by a non-consenting holder):not:
Appears in 1 contract
Samples: Indenture (Nortel Networks Corp)
With the Consent of Holders. Subject to Section 6.075.07, the Company and the Trustee may amend or supplement this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 5.04 and 6.075.07, the holders of a majority in principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section 8.02 may not (with respect to any Convertible Notes held by a non-consenting holder):
Appears in 1 contract
Samples: Navistar International Corp
With the Consent of Holders. Subject to Section 6.076.7, the Company Company, the Guarantor and the Trustee may amend this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 6.4 and 6.076.7, the holders of a majority in principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section 9.2 may not (with respect to any Convertible Notes held by a non-consenting holder):
Appears in 1 contract
Samples: Indenture (Gatx Corp)
With the Consent of Holders. Subject to Section 6.079.7, the Company Company, the Guarantor and the Trustee may amend this Indenture or the Convertible Notes with the written consent of the holders of at least a majority in principal amount of the then outstanding Convertible Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes). Subject to Sections 6.04 9.4 and 6.079.7, the holders of a majority in principal amount of the Convertible Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Notes. However, without the consent of each holder of a Convertible Note affected, an amendment or waiver under this Section 12.2 may not (with respect to any Convertible Notes held by a non-consenting holder):
Appears in 1 contract
Samples: Gatx Corp
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority in principal amount aggregate Accreted Principal Amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount aggregate Accreted Principal Amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Subordinated Notes held by a non-consenting holder):
Appears in 1 contract
With the Consent of Holders. Subject to Section 6.07, the Company and the Trustee may amend this Indenture or the Convertible Subordinated Notes with the written consent of the holders of at least a majority in principal amount aggregate Principal Amount of the then outstanding Convertible Subordinated Notes (including consents obtained in connection with a tender offer or exchange offer for Convertible Subordinated Notes). Subject to Sections 6.04 and 6.07, the holders of a majority in principal amount aggregate Principal Amount of the Convertible Subordinated Notes then outstanding (including consents obtained in connection with a tender offer or exchange offer for Convertible Notes) may also waive compliance in a particular instance by the Company with any provision of this Indenture or the Convertible Subordinated Notes. However, without the consent of each holder of a Convertible Subordinated Note affected, an amendment or waiver under this Section may not (with respect to any Convertible Subordinated Notes held by a non-consenting holder):
Appears in 1 contract
Samples: Cke Restaurants Inc