meeting.
Any record so signed and verified shall be conclusive evidence of the matters
therein stated.
Section 9.07.
No Delay of Rights by Meeting.
Nothing contained in this Article
9 shall be deemed or construed to authorize or permit, by reason of any call of
a meeting of Noteholders or any rights expressly or impliedly conferred
hereunder to make such call, any hindrance or delay in the exercise of any right
or rights conferred upon or reserved to the Trustee or to the Noteholders under
any of the provisions of this Indenture or of the Notes.
43
ARTICLE 10
SUPPLEMENTAL INDENTURES
Section 10.01.
Supplemental Indentures Without Consent of Noteholders.
The
Company, when authorized by the resolutions of the Board of Directors, and the
Trustee may, from time to time, and at any time enter into an indenture or
indentures supplemental hereto for one or more of the following purposes:
(A)
MAKE PROVISION WITH RESPECT TO THE CONVERSION RIGHTS OF THE
HOLDERS OF NOTES PURSUANT TO THE REQUIREMENTS OF SECTION 14.06 AND THE
REPURCHASE OBLIGATIONS OF THE COMPANY PURSUANT TO THE REQUIREMENTS OF SECTION
3.05(E);
(B)
TO CONVEY, TRANSFER, ASSIGN, MORTGAGE OR PLEDGE TO THE TRUSTEE AS
SECURITY FOR THE NOTES, ANY PROPERTY OR ASSETS;
(C)
TO EVIDENCE THE SUCCESSION OF ANOTHER PERSON TO THE COMPANY, OR
SUCCESSIVE SUCCESSIONS, AND THE ASSUMPTION BY THE SUCCESSOR PERSON OF THE
COVENANTS, AGREEMENTS AND OBLIGATIONS OF THE COMPANY PURSUANT TO ARTICLE 11;
(D)
TO ADD TO THE COVENANTS OF THE COMPANY SUCH FURTHER COVENANTS,
RESTRICTIONS OR CONDITIONS AS THE BOARD OF DIRECTORS AND THE TRUSTEE SHALL
CONSIDER TO BE FOR THE BENEFIT OF THE HOLDERS OF NOTES, AND TO MAKE THE
OCCURRENCE, OR THE OCCURRENCE AND CONTINUANCE, OF A DEFAULT IN ANY SUCH
ADDITIONAL COVENANTS, RESTRICTIONS OR CONDITIONS A DEFAULT OR AN EVENT OF
DEFAULT PERMITTING THE ENFORCEMENT OF ALL OR ANY OF THE SEVERAL REMEDIES
PROVIDED IN THIS INDENTURE AS HEREIN SET FORTH; PROVIDED THAT IN RESPECT OF ANY
SUCH ADDITIONAL COVENANT, RESTRICTION OR CONDITION, SUCH SUPPLEMENTAL INDENTURE
MAY PROVIDE FOR A PARTICULAR PERIOD OF GRACE AFTER DEFAULT (WHICH PERIOD MAY BE
SHORTER OR LONGER THAN THAT ALLOWED IN THE CASE OF OTHER DEFAULTS) OR MAY
PROVIDE FOR AN IMMEDIATE ENFORCEMENT UPON SUCH DEFAULT OR MAY LIMIT THE REMEDIES
AVAILABLE TO THE TRUSTEE UPON SUCH DEFAULT;
(E)
TO PROVIDE FOR THE ISSUANCE UNDER THIS INDENTURE OF NOTES IN
COUPON FORM (INCLUDING NOTES REGISTRABLE AS TO PRINCIPAL ONLY) AND TO PROVIDE
FOR EXCHANGEABILITY OF SUCH NOTES WITH THE NOTES ISSUED HEREUNDER IN FULLY
REGISTERED FORM AND TO MAKE ALL APPROPRIATE CHANGES FOR SUCH PURPOSE;
(F)
TO CURE ANY AMBIGUITY OR TO CORRECT OR SUPPLEMENT ANY PROVISION
CONTAINED HEREIN OR IN ANY SUPPLEMENTAL INDENTURE THAT MAY BE DEFECTIVE OR
INCONSISTENT WITH ANY OTHER PROVISION CONTAINED HEREIN OR IN ANY SUPPLEMENTAL
INDENTURE, OR TO MAKE SUCH OTHER PROVISIONS IN REGARD TO MATTERS OR QUESTIONS
ARISING UNDER THIS INDENTURE THAT SHALL NOT MATERIALLY ADVERSELY AFFECT THE
INTERESTS OF THE HOLDERS OF THE NOTES;
(G)
TO EVIDENCE