Securities of any Series authenticated and delivered after the effectiveness of any such modification, amendment, supplement, request, demand, authorization, direction, notice, consent, waiver or other action may bear a notation in the form approved by the Fiscal Agent and the Issuer as to any matter provided for in such modification, amendment, supplement, request, demand, authorization, direction, notice, consent, waiver or other action. New Securities of such Series modified to conform, in the opinion of the Issuer, to any such modification, amendment, supplement, request, demand, authorization, direction, notice, consent, waiver or other action may be prepared by the Issuer, authenticated by the Fiscal Agent (or any authenticating agent appointed pursuant to Section 3 hereof) and delivered in exchange for Outstanding Securities of such Series.
It shall not be necessary for the vote or consent of the holders of Securities of a Series to approve the particular form of any proposed modification, amendment, supplement, request, demand, authorization, direction, notice, consent, waiver or other action, but it shall be sufficient if such vote or consent shall approve the substance thereof.”
SECTION 6.Amended Exhibits. Form of Registered Security and Form of Bearer Security attached asExhibit A andExhibit B, respectively, to the Fiscal Agency Agreement, are hereby deleted in their entirety and replaced byExhibit A andExhibit B attached hereto, which, among other things, include provisions relevant to the Enhanced Collective Action Securities.
SECTION 7.Effectiveness. This Amendment shall become effective as of the date hereof upon execution by the parties hereto.
SECTION 8.Applicable Law. This Amendment shall be governed by, and construed in accordance with, the laws of the State of New York, except that with respect to its authorization and execution by the Issuer, it shall be governed by the law of the Issuer.
SECTION 9.Counterparts. This Amendment may be executed in any number of counterparts, each of which shall constitute an original but all of which when taken together shall constitute but one agreement.
SECTION 10.Amendment. Except as specifically amended or modified hereby, the Fiscal Agency Agreement shall continue in full force and effect in accordance with the provisions thereof. All references in any other agreement or document to the Fiscal Agency Agreement shall, on and after the date hereof, be deemed to refer to the Fiscal Agency Agreement as amended hereby.
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