Epstein Secrets

enter into one or more indentures supplemental hereto, in form satisfactory to the Trustee: (a) without the consent of any Holder, but subject to Rating Agency Confirmation from S&P (other than under clause (ix) below with respect to achieving FATCA Compliance), for the following purposes; (i) to evidenc

ARTICLE VIII SUPPLEMENTAL INDENTURES Section 8.1. Supplemental Indentures without Consent of Holders. The Co-Issuers, when authorized by Board Resolutions, and the Trustee, at any time and from time to time may, but will

ing Determination Date, principal payments on the Senior Notes will be made in accordance with the Priority of Payments. (b) In the event that any Rating Agency has not confirmed in writing the rating in effect on the Closing Date of any Class of Senior Notes as of a date during the period 135 CONFIDENTIAL

Section 8.3 Execution of Supplemental Indentures. (a) In executing or accepting the additional trusts created by any supplemental indenture permitted by this Article 8 or the modifications thereb

nd the Trustee of any supplemental indenture, the Trustee, at the expense of the Issuer, shall provide to the Holders, the Investment Manager, each Rating Agency and any Hedge Counterparty, a copy thereof. Any failure of the 133 ING IM CLO 2011-1 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-005

e liable for any such determination made in good faith and in reliance upon any such Opinion of Counsel and certificate. Section 8.3. Execution of Supplemental Indentures. (a) The Trustee is hereby authorized to join in the execution of any such supplemental indenture and to make any further appropriate agreements a

ed that if objection is made, the objecting Holders will provide the basis for such determination); (b) without the consent of any Holder but with Rating Agency Confirmation from (x) Moody's, in order to modify the Moody's Rating Schedule or related definitions, or (y) S&P, in order to modify the S&P Rating

5 Business Days prior to the execution thereof by the Trustee and a copy of the executed supplemental indenture after its execution. Section 8.2. Supplemental Indentures with Consent of Holders. (a) With Rating Agency Confirmation from S&P and the consent of (x) any Hedge Counterparty materially and adversely affec