Common use of AMENDING THE TERMS OF THIS NOTE Clause in Contracts

AMENDING THE TERMS OF THIS NOTE. No provision of this Note may be modified or amended without the prior written consent of the Required Holders and the Company and upon such due modification or amendment, such modification or amendment shall apply to the Note and all of the Other Notes; provided, however, that (a) no such modification or amendment shall, without the consent of the Holder hereunder, change the stated maturity date of this Note, or reduce the principal amount hereof, or reduce the rate or extend the time of payment of any interest hereon, or reduce any amount payable on redemption or prepayment hereof, impair or affect the right of the Holder to receive payment of principal of, and interest on, the Notes or to institute suit for payment thereof, or impair or affect the right of the Holder to receive any other payment provided for under this Note, or change the definition of Required Holders, or change the pro rata sharing provisions of this Note and (b) the Holder hereunder may waive, reduce or excuse, or forbear from the exercise of any rights and remedies with respect to, any Event of Default under this Note without notice to or the consent of any holder of any of the Other Notes.

Appears in 3 contracts

Samples: Note Purchase Agreement, Note Purchase Agreement (Pacific Ethanol, Inc.), Security Agreement (Pacific Ethanol, Inc.)

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AMENDING THE TERMS OF THIS NOTE. No provision of this Note may be modified or amended without the prior written consent of the Required Holders and the Company and upon such due modification or amendment, such modification or amendment shall apply to the Note and all of the Other NotesCompany; provided, however, that however (a) no such modification or amendment shall, without the consent of the Holder hereunder, change the stated maturity date of this Note, or reduce the principal amount hereof, or reduce the rate or extend the time of payment of any interest hereon, or reduce any amount payable on redemption or prepayment hereof, or impair or affect the right of the Holder to receive payment of principal of, and interest on, the Notes or to institute suit for payment thereof, or impair or affect the right of the Holder to receive any other payment provided for under this Note, or change the definition of Required Holders, or change the pro rata sharing provisions of this Note and (b) the Holder hereunder may waive, reduce or excuse, or forbear from the exercise of any rights and remedies with respect to, any Event of Default under this Note without notice to or the consent of any holder of any of the Other Notes.

Appears in 1 contract

Samples: Credit Agreement (Pacific Ethanol, Inc.)

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AMENDING THE TERMS OF THIS NOTE. No provision of this Note may be modified or amended without the The prior written consent of the holders of Notes representing at least the Required Holders and the Company and upon such due modification or amendmentshall be required for any change, such modification waiver or amendment to this Note. Any change, waiver or amendment so approved shall apply to the be binding upon all existing and future holders of this Note and all of the any Other Notes; provided, however, that (a) no such modification or amendment change, waiver or, as applied to any of the Notes held by any particular holder of Notes, shall, without the written consent of the Holder hereunderthat particular holder, change the stated maturity date of this Note, or (i) reduce the principal amount hereofof Principal, or reduce the rate amount of accrued and unpaid Interest, or extend the time of payment of any interest hereonMaturity Date, or reduce any amount payable on redemption or prepayment hereof, impair or affect the right of the Holder to receive payment of principal ofNotes, (ii) disproportionally and interest on, adversely affect any rights under the Notes or to institute suit for payment thereof, or impair or affect the right of the Holder to receive any other payment provided for under this Note, or change the definition of Required Holders, or change the pro rata sharing provisions of this Note and (b) the Holder hereunder may waive, reduce or excuse, or forbear from the exercise of any rights and remedies with respect to, any Event of Default under this Note without notice to or the consent of any holder of Notes (except that a holder of Notes that does not have any of its Notes secured by cash amounts in a Master Restricted Account will not be deemed to be disproportionally and adversely effected by any change, waiver or amendment to any other holder’s Notes or consideration granted to any other holder of Notes in connection with any change, waiver or amendment related to any provision relating to any Master Restricted Account); or (iii) modify any of the Other Notesprovisions of, or impair the right of any holder of Notes under, this 17.

Appears in 1 contract

Samples: Securities Purchase Agreement (Rock Creek Pharmaceuticals, Inc.)

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