Common use of Actions by Lenders Clause in Contracts

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Lenders; PROVIDED, HOWEVER, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i) no reduction in the interest rates on or any fees relating to the Loans shall be made; ii) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii) no change in the principal amount of the Term Loans and extension of the Term Loan Maturity Date shall be made; iv) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii) disbursements from the General Cash Collateral Account.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans Revolving Credit Advances shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term LoansRevolving Credit Advances; iii(c) no change increase in the principal amount of the Term Loans and Maximum Revolving Credit Amount or extension of the Term Loan Maturity Revolving Credit Termination Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Lenders; PROVIDED, HOWEVER, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: (i) no reduction in the interest rates on or any fees relating to the Loans shall be made; (ii) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; (iii) no change in the principal amount of the Term Loans and extension of the Term Loan Maturity Date shall be made; (iv) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made;; and (v) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii) disbursements from the General Cash Collateral Account.

Actions by Lenders. Except as otherwise expressly set forth in any ------------------ particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 8.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower the Parent or any Subsidiary the Borrowers of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Parent, the Borrowers and the Majority Lenders; PROVIDED, HOWEVERprovided, however, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders:: -------- ------- i(a) no reduction in the interest rates on or any fees relating to the Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii(c) no change increase in the principal amount of the Term Loans and Commitment Amount, or extension of the Term Loan Maturity Revolving Credit Termination Date shall be mademade (except as expressly provided in Section 2.23); iv(d) no release of any guarantor of the Obligations shall be made and no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations Collateral shall be mademade (other than in connection with a sale of Collateral permitted by this Agreement); v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii) disbursements from the General Cash Collateral Account.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower or any Subsidiary the Borrowers of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Borrowers and the Majority Lenders; PROVIDED, HOWEVER, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the principal or interest rates on or any fees relating to the Revolving Credit Advances or the Term Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Revolving Credit Advances or the Term Loans; iii(c) no change increase in the principal amount Maximum Revolving Credit Amount, or extension of the Term Loans and extension of Revolving Credit Termination Date or the Term Loan Maturity Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any material obligor or guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement or in any other Bank Agreement to be given by the Agent Banks, including under Section 11.2, may be given, and any term or condition of this Agreement or of any other instrument related hereto or mentioned herein Bank Agreement may be amended, and the performance or observance by Borrower the Loan Parties or any Subsidiary Affiliate Guarantor of any term of this Agreement or any other Bank Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority LendersRequired Banks; PROVIDED, HOWEVER, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lendersof the Banks: i(a) no reduction in the of any principal of or interest rates on or any fees Commitment Fees relating to the Commitments or the Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, Commitment Fees, or fees payable to the Lenders any other fee relating to the Term Loans; iii) no change in Commitments or the principal amount of the Term Loans and extension of the Term Loan Maturity Date shall be made; iv(c) no release of all increase in the amount, or substantially all extension of the collateral security forterm, of the Commitments beyond those provided for hereunder and no extension of the Revolving Credit Termination Date or any guarantor of, the Lender Obligations scheduled maturity of the Term Loan shall be made; v(d) no change in the definition of the term "Majority LendersRequired Banks" shall be made; vi(e) approval no release of new Projects any Loan Party or all or substantially all of the Affiliate Guarantors from its or their obligations to make payment of the principal amount of interest on, Commitment Fees, or any other than Fully Funded Projectsmount relating to the Commitments or the Loans shall be made; and vii(f) disbursements from no change in the General Cash Collateral Accountlanguage of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 8.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein herein, including the Master Assignment, the Master Sublease, and the Subsidiary Inventory Security Agreement, may be amended, and the performance or observance by Borrower the Parent or any Subsidiary the Borrowers of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Parent, the Borrowers and the Majority Lenders; PROVIDEDLenders provided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii(c) no change increase in the principal amount of the Term Loans and Commitment Amount, or extension of the Term Loan Maturity Revolving Credit Termination Date shall be made; iv(d) no release of all or substantially all any guarantor of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi(f) approval no change in the provisions of new Projects other than Fully Funded Projectsthis Section 8.1 shall be made; and vii(g) disbursements from no increase in the General Cash Collateral AccountCommitment Percentage shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 10.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii(c) no change in the principal amount of the Term Loans and extension of the Term Loan Maturity Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 10.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 14.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower or any Subsidiary the Borrowers of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Borrowers and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Term Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii(c) no change in the principal amount of the Term Loans and extension of the Term Loan Maturity Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 14.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower or any Subsidiary the Loan Parties of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Loan Parties and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans Revolving Credit Advances shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term LoansRevolving Credit Advances; iii(c) no change increase in the principal amount of the Term Loans and Maximum Revolving Credit Amount, or extension of the Term Loan Maturity Revolving Credit Termination Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Required Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans Advances shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term LoansAdvances; iii(c) no change increase in the principal amount of the Term Loans and Maximum Credit Amount, or extension of the Term Loan Maturity Credit Termination Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, for the Lender Obligations or of the obligations of any Guarantor under the Guaranty Agreement shall be made; v(e) no change in the definition of the term "Majority Required Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Required Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans Advances shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term LoansAdvances; iii(c) no change increase in the principal amount of the Term Loans and Maximum Credit Amount, or extension of the Term Loan Revolver Termination Date or Credit Maturity Date shall be made; iv) no release of all or substantially all of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(d) no change in the definition of the term "Majority Required Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(e) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any ------------------ particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 8.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein herein, including the Master Assignment, the Master Sublease, and the Subsidiary Inventory Security Agreement, may be amended, and the performance or observance by Borrower the Parent or any Subsidiary the Borrowers of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower Parent, the Borrowers and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term Loans; iii(c) no change increase in the principal amount of the Term Loans and Commitment Amount, or extension of the Term Loan Maturity Revolving Credit Termination Date shall be made; iv(d) no release of all or substantially all any guarantor of the collateral security for, or any guarantor of, the Lender Obligations shall be made; v(e) no change in the definition of the term "Majority Lenders" shall be made; vi(f) approval no change in the provisions of new Projects other than Fully Funded Projectsthis Section 8.1 shall be made; and vii(g) disbursements from no increase in the General Cash Collateral AccountCommitment Percentage shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by Borrower American Ski or any Restricted Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of American Ski, the Borrower Borrowers and the Majority Lenders; PROVIDEDprovided, HOWEVERhowever, that (a) no amendment of Section 2.18 may be made without the consent of the Swing Line Lender, (b) no amendment of Article 15 13 may be made without the consent of the Agent and (c) without the written consent of all Lenders: (i) no reduction in the interest rates on or any fees or refinancing premium relating to the Loans shall be made; (ii) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders or the Swing Line Lender relating to the Term Loans and the Revolving Credit Advances or the Swing Line Loans, respectively; (iii) no change in the Maximum Revolving Credit Amount or the principal amount of the Term Loans and extension of the Revolving Credit Termination Date or the Term Loan Maturity Date shall be made; (iv) no release of all or substantially all of the collateral security for, or any material guarantor of, the Lender Obligations shall be made; (v) no change in the definition of the term "Majority Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(vi) disbursements from no change in the General Cash Collateral Accountprovisions of Section 12.1(a) or this Section 11.1 shall be made.

Actions by Lenders. Except as otherwise expressly set forth in any particular provision of this Agreement, any consent or approval required or permitted by this Agreement to be given by the Agent Lenders, including without limitation under Section 11.2, may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower or any Subsidiary of any term of this Agreement may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Borrower and the Majority Required Lenders; PROVIDEDprovided, HOWEVERhowever, that no amendment of Article 15 may be made without the consent of the Agent without the written consent of all Lenders: i(a) no reduction in the interest rates on or any fees relating to the Loans Advances shall be made; ii(b) no extension or postponement shall be made of the stated time of payment of the principal amount of, interest on, or fees payable to the Lenders relating to the Term LoansAdvances; iii(c) no change increase in the principal amount of the Term Loans and Maximum Credit Amount, or extension of the Term Loan Maturity Credit Termination Date shall be made; iv(d) no release of all or substantially all of the collateral security for, or any guarantor of, for the Lender Obligations or of the obligations of any Guarantor under the Guaranty Agreements shall be made; v(e) no change in the definition of the term "Majority Required Lenders" shall be made; vi) approval of new Projects other than Fully Funded Projects; and vii(f) disbursements from no change in the General Cash Collateral Accountprovisions of this Section 11.1 shall be made.