Common use of Additional or More Restrictive Covenants Clause in Contracts

Additional or More Restrictive Covenants. (i) Guarantor, has not, and shall not make, modify, amend or supplement any covenant to any other Person (A) that is more restrictive on Guarantor as those set forth in this Guaranty; and/or (B) that relate to Guarantor’s assets, liabilities, income, net worth, liquidity, profitability and/or with respect to ratios relating to any of the foregoing and/or the occurrence of a material adverse effect; unless Guarantor has notified the Finance Parties thereof and has executed an amendment to this Guaranty in a form acceptable to the Finance Parties whereby Guarantor has made the same (or substantially the same) covenant(s) (each, a “Restrictive Covenant”) to the Finance Parties, which Restrictive Covenant(s) shall be in addition to (and not in lieu of) Guarantor’s covenants and obligations under this Guaranty. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with respect to such amendment, which opinion shall be acceptable to the Finance Parties in their sole discretion. Such amendment shall provide that: (1) Guarantor shall promptly notify the Finance Parties (together with evidence reasonably satisfactory to the Finance Parties) if compliance with any of the Restrictive Covenants is waived by the beneficiary thereof, and, in such event, for so long as such waiver is in effect, a breach of such Restrictive Covenant shall not constitute a default under this Guaranty (provided that none of the other covenants in this Guaranty are breached), and (2) prior to Guarantor entering into any modification, supplement or amendment of a Restrictive Covenant made in favor of any Person, Guarantor shall have executed a further amendment to this Guaranty in a form acceptable to the Finance Parties whereby the applicable Restrictive Covenant shall be modified, supplemented or amended. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with respect to such amendment, which opinion shall be acceptable to the Finance Parties in their sole discretion. (ii) Guarantor agrees that with respect to any financing agreement (including, but not limited to, a credit agreement or a repurchase agreement) or guaranty which the Guarantor enters into and delivers after the date hereof which contains financial covenants that are applicable to Guarantor (but are not Restrictive Covenants), Guarantor shall deliver a certified copy of such agreement or guaranty to the Finance Parties.

Additional or More Restrictive Covenants. (i) GuarantorNeither Sponsor nor Seller, has nothas, and nor shall not make, modify, amend or supplement any covenant to any other Person (Ai) that is more restrictive on Guarantor as Sponsor or Seller than those set forth in this Guaranty; Section 16, and/or (Bii) that relate to Guarantorthe Sponsor’s or Seller’s assets, liabilities, income, net worth, liquidity, profitability and/or with respect to ratios relating to any of the foregoing and/or the occurrence of a material adverse effect; unless Guarantor Sponsor has notified the Finance Parties Buyer thereof and has executed an amendment to this Guaranty Agreement in a form acceptable to the Finance Parties Buyer whereby Guarantor has Sponsor and Seller have made the same (or substantially the same) covenant(s) (each, a “Restrictive Covenant”) to the Finance PartiesBuyer, which Restrictive Covenant(s) shall be in addition to (and not in lieu of) GuarantorSponsor’s and the Seller’s covenants and obligations under this GuarantyAgreement. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which Sponsor and Seller shall, in the event that Buyer so requests, also have delivered to the Buyer an opinion shall be of counsel to Sponsor and the Seller acceptable to the Finance Parties Buyer in their its sole discretion. Such amendment shall provide that: (1x) Guarantor Sponsor and Seller shall promptly notify the Finance Parties Buyer (together with evidence reasonably satisfactory to the Finance PartiesBuyer) if compliance with any of the Restrictive Covenants is waived by the beneficiary thereof, and, in such event, for so long as such waiver is in effect, a breach of such Restrictive Covenant shall not constitute a default under this Guaranty Agreement (provided that none of the other covenants in this Guaranty Section 16 are breached), and (2y) prior to Guarantor Sponsor or Seller entering into any modification, supplement or amendment of a Restrictive Covenant made in favor of any Person, Guarantor Sponsor and Seller shall have executed a further amendment to this Guaranty Agreement in a form acceptable to the Finance Parties Buyer whereby the applicable Restrictive Covenant shall be modified, supplemented or amended. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which Sponsor and Seller shall, in the event that Buyer so requests, also have delivered to the Buyer an opinion shall be of counsel to Sponsor and Seller acceptable to the Finance Parties Buyer in their its sole discretion. (ii) Guarantor agrees that with respect to any financing agreement (including, but not limited to, a credit agreement or a repurchase agreement) or guaranty which the Guarantor enters into and delivers after the date hereof which contains financial covenants that are applicable to Guarantor (but are not Restrictive Covenants), Guarantor shall deliver a certified copy of such agreement or guaranty to the Finance Parties.”

Additional or More Restrictive Covenants. (i) The Guarantor, has not, and shall not make, modify, amend or supplement any covenant to any other Person (Ai) that is more restrictive on the Guarantor as than those set forth in this Guaranty; Section 12, and/or (Bii) that relate to the Guarantor’s assets, liabilities, income, net worth, liquidity, profitability and/or with respect to ratios relating to any of the foregoing and/or the occurrence of a material adverse effect; unless the Guarantor has notified the Finance Parties Lender thereof and has executed an amendment to this Guaranty in a form acceptable to Lender whereby the Finance Parties whereby Guarantor has made the same (or substantially the same) covenant(s) (each, a “Restrictive Covenant”) to the Finance PartiesLender, which Restrictive Covenant(s) shall be in addition to (and not in lieu of) the Guarantor’s covenants and obligations under this Guaranty. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which the Guarantor shall also, upon the request of the Lender, have delivered to the Lender an opinion shall be of counsel to the Guarantor acceptable to the Finance Parties Lender in their its sole discretion. Such amendment shall provide that: (1x) the Guarantor shall promptly notify the Finance Parties Lender (together with evidence reasonably satisfactory to the Finance PartiesLender) if compliance with any of the Restrictive Covenants is waived by the beneficiary thereof, and, in such event, for so long as such waiver is in effect, a breach of such Restrictive Covenant shall not constitute a default under this Guaranty (provided that none of the other covenants in this Guaranty Section 12 are breached), and (2y) prior to the Guarantor entering into any modification, supplement or amendment of a Restrictive Covenant made in favor of any Person, the Guarantor shall have executed a further amendment to this Guaranty in a form acceptable to the Finance Parties Lender whereby the applicable Restrictive Covenant shall be modified, supplemented or amended. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which the Guarantor shall also, upon the request of the Lender, have delivered to the Lender an opinion shall be of counsel to the Guarantor acceptable to the Finance Parties Lender in their its sole discretion. (ii) Guarantor agrees that with respect to any financing agreement (including, but not limited to, a credit agreement or a repurchase agreement) or guaranty which the Guarantor enters into and delivers after the date hereof which contains financial covenants that are applicable to Guarantor (but are not Restrictive Covenants), Guarantor shall deliver a certified copy of such agreement or guaranty to the Finance Parties.;

Additional or More Restrictive Covenants. (i) The Guarantor, has not, and shall not make, modify, amend or supplement any covenant to any other Person (Ai) that is more restrictive on the Guarantor as than those set forth in Section 5 and this Guaranty; Section 13, and/or (Bii) that relate to the Guarantor’s assets, liabilities, income, net worth, liquidity, profitability and/or with respect to ratios relating to any of the foregoing and/or the occurrence of a material adverse effect; unless the Guarantor has notified the Finance Parties Buyer Agent thereof and has executed an amendment to this Guaranty in a form acceptable to Buyer Agent whereby the Finance Parties whereby Guarantor has made the same (or substantially the same) covenant(s) (each, a “Restrictive Covenant”) to the Finance PartiesBuyer Agent, which Restrictive Covenant(s) shall be in addition to (and not in lieu of) the Guarantor’s covenants and obligations under this Guaranty. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which the Guarantor shall also, upon the request of the Buyer Agent, have delivered to the Buyer Agent an opinion shall be of counsel to the Guarantor acceptable to the Finance Parties Buyer Agent in their its sole discretion. Such amendment shall provide that: (1x) the Guarantor shall promptly notify the Finance Parties Buyer Agent (together with evidence reasonably satisfactory to the Finance PartiesBuyer Agent) if compliance with any of the Restrictive Covenants is waived by the beneficiary thereof, and, in such event, for so long as such waiver is in effect, a breach of such Restrictive Covenant shall not constitute a default under this Guaranty (provided that none of the other covenants in this Guaranty Section 12 are breached), and (2y) prior to the Guarantor entering into any modification, supplement or amendment of a Restrictive Covenant made in favor of any Person, the Guarantor shall have executed a further amendment to this Guaranty in a form acceptable to the Finance Parties Buyer Agent whereby the applicable Restrictive Covenant shall be modified, supplemented or amended. In connection therewith, the Finance Parties may, in their sole discretion, request that Guarantor deliver an opinion of counsel with With respect to such amendment, which the Guarantor shall also, upon the request of the Buyer Agent, have delivered to the Buyer Agent an opinion shall be of counsel to the Guarantor acceptable to the Finance Parties Buyer Agent in their its sole discretion. (ii) Guarantor agrees that with respect to any financing agreement (including, but not limited to, a credit agreement or a repurchase agreement) or guaranty which the Guarantor enters into and delivers after the date hereof which contains financial covenants that are applicable to Guarantor (but are not Restrictive Covenants), Guarantor shall deliver a certified copy of such agreement or guaranty to the Finance Parties.