Common use of Amendment of Certain Documents Clause in Contracts

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued or issue any securities in exchange for any Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification or waiver does not have the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, (ii) subjecting any property of such Person or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiver, (iii) shortening the maturity or average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any such covenant or similar restriction more restrictive on such Person. (b) Cause or suffer to exist any amendment or modification to or supplement of the certificate of incorporation or by-laws of such Person, any Loan Document or any Basic Agreement, without the prior written consent of the Required Lenders, unless such amendment, modification or supplement is not adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, modification or supplement to any of the Receivables Program Documents unless such amendment, modification or supplement is in form and substance satisfactory to the Senior Managing Agents, provided that (i) any proposed amendment, modification or supplement to the Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is not detrimental in any respect to the Borrower or JSF and that is not more restrictive, in any respect, on the Borrower or JSF than the Receivables Program Documents without giving effect to such waiver. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued or issue any securities in exchange for any Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification or waiver does not have the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, (ii) subjecting any property of such Person or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiver, (iii) shortening the maturity or average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any such covenant or similar restriction more restrictive on such Person. (b) Cause or suffer to exist any amendment or modification to or supplement of the certificate of incorporation or by-laws (other than the amendment to SSCC's certificate of incorporatation and by-laws pursuant to the terms of the Merger Agreement) of such Person, any Loan Document, any Transaction Document or any Basic Agreement, without the prior written consent of the Required Lenders, unless such amendment, modification or supplement is not adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, modification or supplement to any of the Receivables Program Documents unless such amendment, modification or supplement is in form and substance satisfactory to the Senior Managing Agents, provided that (i) any proposed amendment, modification or supplement to the Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is not detrimental in any respect to the Borrower or JSF and that is not more restrictive, in any respect, on the Borrower or JSF than the Receivables Program Documents without giving effect to such waiver. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.

Amendment of Certain Documents. (a) AmendExcept as expressly contemplated by the 1993 Senior Notes Tender Offer and as permitted under Section 7.01(t), amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued in an aggregate principal amount, or liquidation preference, as the case may be, of $100,000,000 or more, or issue any securities in exchange for any such Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification or waiver does not have the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunderthereunder unless any such increase would be permitted under Section 7.01, (ii) subjecting any property of such Person or any property of any Subsidiary of such Person to any Lien (other than Liens permitted under Section 7.02) to which it was not so subject immediately prior to any such amendment, modification or waiver, (iii) shortening the maturity or weighted average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any if such covenant or similar restriction becomes materially more restrictive on to such Person, when taken as a whole, as a result of such amendment, modification, cancelation, grant or issuance. (b) Cause or suffer to exist any amendment or modification to or supplement of the certificate of incorporation or by-laws of such Person, any Loan Document or any Basic the Tax Sharing Agreement or the Asset Purchase Agreement, without the prior written consent of the Required Lenders, unless such amendment, modification or supplement is not materially adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, restatement, supplement, waiver or other modification or supplement to any of the Receivables Program Documents unless such amendment, restatement, supplement, waiver or modification or supplement is in form and substance satisfactory not materially adverse, when taken as a whole, to the Senior Managing Agentsinterests of the Lenders under the Loan Documents, provided that (i) any proposed amendmentthe Borrower may amend, modification refinance or supplement to replace such Receivables Program so long as the new Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is are not detrimental in any respect to the Borrower or JSF and that is not materially more restrictive, in any respecttaken as a whole, on the Borrower Borrower, any Subsidiary or JSF than the Receivables Program Documents without giving effect being refinanced or replaced (it being agreed that any such change may extend the maturity to a date prior to the Tranche B Maturity Date), (ii) such new Receivables Program shall continue to be non-recourse to the Borrower and its Subsidiaries and (iii) any Liens on the assets of the Borrower and its Subsidiaries pursuant to the new Receivables Program are limited to the accounts receivable and any returned inventory and cash and intangible assets related to such waiveraccounts. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed of either Borrower or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued Subsidiary in an aggregate principal amount in excess of U.S.$100,000,000 or issue any securities in exchange for any such Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification modification, cancelation, grant or waiver does not have issuance has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, unless any such increase in amount would be permitted under SECTION 7.01, (ii) subjecting any property of such Person either Borrower or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiverother than Liens permitted under SECTION 7.02, (iii) shortening the maturity or weighted average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any if such covenant or similar restriction becomes materially more restrictive on to either Borrower or any Subsidiary, when taken as a whole, as a result of such Personamendment, modification, cancelation, grant or issuance. (b) Cause or suffer to exist any amendment amendment, restatement, supplement or other modification to the Tax Sharing Agreement or supplement of to the certificate of incorporation or by-laws of such Person, any Loan Document either Borrower or any Basic Agreement, Subsidiary without the prior written consent of the Required Lenders, unless such amendment, restatement, supplement or modification or supplement is not materially adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, restatement, supplement, waiver or other modification or supplement to any of the Receivables Program Documents unless such amendment, restatement, supplement, waiver or modification or supplement is in form and substance satisfactory not materially adverse, when taken as a whole, to the Senior Managing Agentsinterests of the Lenders under the Loan Documents, provided PROVIDED that (i) any proposed amendmentStone may amend, modification refinance or supplement to replace such Receivables Program so long as the new Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is are not detrimental in any respect to the Borrower or JSF and that is not materially more restrictive, in any respecttaken as a whole, on the Borrower Stone, any Subsidiary or JSF FinSub than the Receivables Program Documents without giving effect being refinanced or replaced (it being agreed that any such change may extend the maturity to a date prior to the Term Loan Maturity Date), (ii) such new Receivables Program shall continue to be non-recourse to Stone and the Subsidiaries and (iii) any Liens on the assets of Stone and the Subsidiaries pursuant to the new Receivables Program are limited to the accounts receivable and any returned inventory and intangible assets related to such waiver. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.accounts. 104

Amendment of Certain Documents. (a) Amend, modify, ------------------------------- cancel or grant any waiver with respect to any indenture, note or any other 95 instrument evidencing Indebtedness for money borrowed or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued or issue any securities in exchange for any Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification or waiver does not have the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, (ii) subjecting any property of such Person or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiver, (iii) shortening the maturity or average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any such covenant or similar restriction more restrictive on such Person. (b) Cause or suffer to exist any amendment or modification to or supplement of the certificate of incorporation or by-laws (other than the amendment to SSCC's certificate of incorporation and by-laws (x) pursuant to the terms of the Merger Agreement and (y) to authorize the issuance of, and set forth the designation of preferences, rights and other terms of, the SSCC Series A Preferred Shares) of such Person, any Loan Document, any Transaction Document (as defined in the Existing Credit Agreement) or any Basic Agreement, without the prior written consent of the Required Lenders, unless such amendment, modification or supplement is not adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, modification or supplement to any of the Receivables Program Documents unless such amendment, modification or supplement is in form and substance satisfactory to the Senior Managing Agents, provided that (i) any proposed amendment, modification or supplement to the Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is not detrimental in any respect to the Borrower or JSF and that is not more restrictive, in any respect, on the Borrower or JSF than the Receivables Program Documents without giving effect to such waiver. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed of the Borrower or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued Subsidiary in an aggregate principal amount in excess of $50,000,000 or issue any securities in exchange for any such Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification modification, cancelation, grant or waiver does not have issuance has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, provided -------- that any such increase in amount would be permitted under Section 7.01, (ii) ------------ subjecting any property of such Person the Borrower or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiverother than Liens permitted under Section 7.02, (iii) shortening the maturity or weighted ------------ average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any if such covenant or similar restriction becomes materially more restrictive on to the Borrower or any Subsidiary, when taken as a whole, as a result of such Personamendment, modification, cancelation, grant or issuance. (b) Cause or suffer to exist any amendment amendment, restatement, supplement or other modification to or supplement of the certificate of incorporation or by-laws of such Person, any Loan Document the Borrower or any Basic Agreement, Subsidiary without the prior written consent of the Required Lenders, unless such amendment, restatement, supplement or modification or supplement is not materially adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, restatement, supplement, waiver or other modification or supplement to any of the Receivables Program Documents unless such amendment, restatement, supplement, waiver or modification or supplement is in form and substance satisfactory not materially adverse to the Senior Managing Agentsinterests of the Lenders under the Loan Documents, provided that (i) any proposed amendmentthe Borrower may amend, modification refinance or supplement to replace -------- such Receivables Program so long as the new Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is are not detrimental in any respect to the Borrower or JSF and that is not materially more restrictive, in any respecttaken as a whole, on the Borrower Borrower, any Subsidiary or JSF FinSub than the Receivables Program Documents without giving effect being refinanced or replaced, (ii) such new Receivables Program shall continue to be non-recourse to the Borrower and the Subsidiaries, (iii) following the SLP Acquisition, the fair market value of accounts receivable (net of collections) transferred by Stone- SLP Canada and Stone-SLP US to the Receivables Program shall not exceed $60,000,000, (iv) the aggregate size of the Receivables Program shall not exceed the sum of (A) $300,000,000, (B) following the SLP Acquisition, $55,000,000 and (C) any increase solely associated with any accounts receivable of SSCC and its subsidiaries (other than the Borrower and its Subsidiaries) transferred to the Receivables Program and (v) any Liens on the assets of the Borrower and the Subsidiaries pursuant to the new Receivables Program are limited to the accounts receivable and any returned inventory and intangible assets related to such waiveraccounts. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed of either Borrower or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued Subsidiary in an aggregate principal amount in excess of U.S.$50,000,000 or issue any securities in exchange for any such Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification modification, cancelation, grant or waiver does not have issuance has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, provided that any such increase in amount would be permitted under Section 7.01, (ii) subjecting any property of such Person either Borrower or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiverother than Liens permitted under Section 7.02, (iii) shortening the maturity or weighted average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any if such covenant or similar restriction becomes materially more restrictive on to either Borrower or any Subsidiary, when taken as a whole, as a result of such Personamendment, modification, cancelation, grant or issuance. (b) Cause or suffer to exist any amendment amendment, restatement, supplement or other modification to or supplement of the certificate of incorporation or by-laws of such Person, any Loan Document either Borrower or any Basic Agreement, Subsidiary without the prior written consent of the Required Lenders, unless such amendment, restatement, supplement or modification or supplement is not materially adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, restatement, supplement, waiver or other modification or supplement to any of the Receivables Program Documents unless such amendment, restatement, supplement, waiver or modification or supplement is in form and substance satisfactory not materially adverse to the Senior Managing Agentsinterests of the Lenders under the Loan Documents, provided that (i) any proposed amendmentStone may amend, modification refinance or supplement to replace such Receivables Program so long as the new Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is are not detrimental in any respect to the Borrower or JSF and that is not materially more restrictive, in any respecttaken as a whole, on the Borrower Stone, any Subsidiary or JSF FinSub than the Receivables Program Documents without giving effect being refinanced or replaced, (ii) such new Receivables Program shall continue to be non-recourse to Stone and the Subsidiaries, (iii) the fair market value of accounts receivable (net of collections) transferred by Canco and SLP US and their respective subsidiaries to the Receivables Program shall not exceed U.S.$60,000,000, (iv) the aggregate size of the Receivables Program shall not exceed the sum of (A) U.S.$355,000,000 and (B) any increase solely associated with any accounts receivable of SSCC and its subsidiaries (other than Stone and its Subsidiaries) transferred to the Receivables Program and (v) any Liens on the assets of Stone and the Subsidiaries pursuant to the new Receivables Program are limited to the accounts receivable and any returned inventory and intangible assets related to such waiveraccounts. (d) Permit or cause or suffer to exist any direct or indirect termination or cancellation of, or amendment, modification or supplement to, any of the Operating Agreement or the Rights Agreement unless such amendment, modification or supplement is in form and substance satisfactory to the Required Lenders.