Epstein Secrets

ill not be required to, 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 follow

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

art of this Indenture for all purposes; and every Holder of Securities theretofore and thereafter authent

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

tly after the execution by the Issuer and 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 - P

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

-1 Notes (provided 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 t

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

authenticated and delivered pursuant to this Indenture, unless proof satisfactory to the Trustee is presented that any such Securities are held by a Holder in due course; and (iv) Securities alleged to have been mutilated, destroyed, lost or stolen for which replacement Securities have been issued as

ithout Consent of Holders of Securities 129 Section 8.2 Supplemental Indentures With Consent of Holders of Notes 131 Section 8.3 Execution of Supplemental Indentures 132 Section 8.4 Effect of Supplemental Indentures 133 Section 8.5 Reference in Securities to Supplemental Indentures 133 iii EFTA00596129

te for or accept or adopt on behalf of any Noteholder, any plan of reorganization, arrangement, adjustment or composition affecting the Notes or any Holder thereof, or to authorize the Trustee to vote in respect of the claim of any Noteholder in any such Proceeding except, as aforesaid, to vote for the

ein, shall not, however, in any way impair or affect the validity of any such supplemental indenture. 134 EFTA00596266 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