Common use of Amendment of Certain Documents Clause in Contracts

Amendment of Certain Documents. (a) Amend, modify or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness of Holdings or any Subsidiary of Holdings in an aggregate principal amount in excess of $100,000,000 (other than any such Indebtedness owed to Holdings or any Subsidiary of Holdings), if such amendment, modification, or waiver has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or, other than with respect to the Term Loan Facility, any interest rate thereunder, unless any such increase in amount would be permitted under Section 10.01 and except that any increase in any interest rate resulting from such amendment or modification will be permitted if, after giving pro forma effect thereto, Holdings could incur at least $1.00 of additional indebtedness under the Incurrence Test, (ii) subjecting any property of Holdings or any Subsidiary of Holdings to any Lien, other than Liens permitted under Section 10.02, (iii) shortening the maturity or weighted average life of any such Indebtedness or (iv) creating or changing covenants, events of default and other terms and conditions such that the covenants, events of default and other terms and conditions become materially more adverse, when taken as a whole, to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Smurfit Stone Container Corp), Credit Agreement (Smurfit Stone Container Corp)

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Amendment of Certain Documents. (a) Amend, modify or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness of Holdings SSCC, the Borrower or any Subsidiary of Holdings in an aggregate principal amount in excess of $100,000,000 (other than any such Indebtedness owed to Holdings SSCC, the Borrower or any Subsidiary of HoldingsSubsidiary), if such amendment, modification, or waiver has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or, other than with respect to the Term Loan Revolving Facility, any interest rate thereunder, unless any such increase in amount would be permitted under Section 10.01 6.01 and except that any increase in any interest rate resulting from such amendment or modification will be permitted if, after giving pro forma effect thereto, Holdings the Borrower could incur at least $1.00 of additional indebtedness under the Incurrence Test, (ii) subjecting any property of Holdings SSCC, the Borrower or any Subsidiary of Holdings to any Lien, other than Liens permitted under Section 10.026.02, (iii) shortening the maturity or weighted average life of any such Indebtedness or (iv) creating or changing covenants, events of default and other terms and conditions such that the covenants, events of default and other terms and conditions become materially more adverse, when taken as a whole, to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (SMURFIT-STONE CONTAINER Corp), Credit Agreement (Smurfit Stone Container Corp)

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Amendment of Certain Documents. (a) Amend, modify or grant solicit any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness of Holdings AbitibiBowaterResolute or any Subsidiary of Holdings AbitibiBowaterResolute in an aggregate principal amount in excess of $100,000,000 50,000,000 (other than any such Indebtedness owed to Holdings AbitibiBowaterResolute or any Subsidiary of HoldingsAbitibiBowaterResolute), if such amendment, modification, or waiver has the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or, other than with respect to the Term Loan FacilitySenior Secured Notes, any interest rate thereunder, unless any such increase in amount would be permitted under Section 10.01 and except that any increase in any interest rate resulting from such amendment or modification will be permitted if, after giving pro forma effect thereto, Holdings AbitibiBowaterResolute could incur at least $1.00 of additional indebtedness under the Incurrence Test, (ii) subjecting any property of Holdings AbitibiBowaterResolute or any Subsidiary of Holdings AbitibiBowaterResolute to any Lien, other than Liens permitted under Section 10.02, (iii) shortening the maturity or weighted average life of any such Indebtedness or (iv) creating or changing covenants, events of default and other terms and conditions such that the covenants, events of default and other terms and conditions become materially more adverse, when taken as a whole, to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Resolute Forest Products Inc.)

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