Common use of Amendment and Prepayment of Second Lien Credit Agreement Clause in Contracts

Amendment and Prepayment of Second Lien Credit Agreement. Company shall not, and shall not permit any of its Subsidiaries to, amend the Second Lien Credit Agreement or any Loan Document (as such term is defined in the Second Lien Credit Agreement) or otherwise change the terms of the Second Lien Indebtedness, if the effect of such amendment or change is to change (to earlier dates) any dates upon which payments of principal or interest are due thereon, change any event of default (other than to eliminate any such event of default or increase any grace period related thereto (it being understood that any change to the covenants that otherwise complies with this subsection 7.10B shall not be deemed to be an amendment to the events of default applicable thereto), add any financial maintenance covenant, change the prepayment provisions thereof in a manner not adverse to the lenders under the Second Lien Credit Agreement, or change any collateral therefor (other than in accordance with the provisions of the Intercreditor Agreement), or if the effect of such amendment or change, together with all other amendments or changes made, is to increase materially the obligations of the obligor thereunder or to confer any additional rights on the holders of such Second Lien Indebtedness (or Second Lien Administrative Agent or any other agent on their behalf) that would be adverse to Company or Lenders. Company shall not, and shall not permit any Subsidiary, to make any prepayment prior to the scheduled date due of Indebtedness under the Second Lien Credit Agreement other than with the proceeds of Refinancing Second Lien Indebtedness or with the consent of the Requisite Class Lenders of Term Loans.

Amendment and Prepayment of Second Lien Credit Agreement. Company shall not, and shall not permit any of its Subsidiaries to, amend the Second Lien Credit Agreement or any Loan Document (as such term is defined in the Second Lien Credit Agreement) or otherwise change the terms of the Second Lien Indebtedness, if the effect of such amendment or change is to change (to earlier dates) any dates upon which payments of principal or interest are due thereon, change any event of default (other than to eliminate any such event of default or increase any grace period related thereto (it being understood that any change to the covenants that otherwise complies with this subsection 7.10B shall not be deemed to be an amendment to the events of default applicable thereto), add any financial maintenance covenant, change the prepayment provisions thereof in a manner not adverse to the lenders under the Second Lien Credit Agreement, or change any collateral therefor (other than in accordance with the provisions of the Intercreditor Agreement), or if the effect of such amendment or change, together with all other amendments or changes made, is to increase materially the obligations of the obligor thereunder or to confer any additional rights on the holders of such Second Lien Indebtedness (or the Second Lien Administrative Agent or any other agent on their behalf) that would be materially adverse to Company or Lenders. Company shall not, and shall not permit any Subsidiary, to make any prepayment prior to the scheduled date due of Indebtedness under the Second Lien Credit Agreement other than (x) with the proceeds of Refinancing Second Lien Indebtedness Indebtedness, (y) on and after the First Lien Term Loan Discharge (as defined in the Second Lien Credit Agreement) but only so long as no Event of Default or potential Event of Default shall have occurred and be continuing with respect to the consent Revolving Loans or (z) (1) in an amount up to the Specified Equity Amount plus (2) so long as no Event of Default or Potential Event of Default shall have occurred and be continuing or shall be caused thereby and so long as Company’s Consolidated Leverage Ratio on a pro forma basis as of the Requisite Class Lenders last day of Term Loansthe most recently ended Fiscal Quarter is not greater than 4.50:1.00, $25,000,000.