Amendment of Contracts, Etc Clause Samples

Amendment of Contracts, Etc. 53 7.7 Investments.................................................. 53 7.8 Leases....................................................... 54 7.9

Amendment of Contracts, Etc. Without the prior written consent of the Required Lenders, agree to or permit (a) the amendment, supplement, modification, cancellation, suspension or termination of any Material Contract (except upon the expiration of the stated term thererof), or (b) the assignment of the rights or obligations of any party to any Material Contract, as the case may be, except (i) as contemplated by this Agreement or the Senior Security Documents or (ii) as permitted without the consent of the Borrower by the terms of such Material Contract.

Amendment of Contracts, Etc. (a) The Facility Lessee shall not without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture shall not have been terminated or discharged, the Lease Indenture Trustee and the Security Agent, cause, consent to or permit, any amendment, modification, extension, termination, variance or waiver of timely compliance with any terms or conditions of any Project Document if such amendment, modification, extension, termination, variance or waiver could be reasonably expected to result in a Material Adverse Effect. (b) The Facility Lessee shall not permit to be revoked, amended, supplemented or otherwise modified the ▇▇▇▇▇ City Partnership Agreement without the prior written consent of the Owner Participant and, so long as the Lien of the Lease Indenture has not been terminated or discharged, the Lease Indenture Trustee and the Security Agent; PROVIDED THAT, other than any such amendment, modification or supplement to Sections [__] thereof, consent of the Owner Participant and, if applicable, the Lease Indenture Trustee and the Security Agent, shall not be required for any such amendment, modification or supplement required to reflect any (i) transfer of ownership interest in the Facility Lessee or (ii) any merger, consolidation or similar transaction with respect to the Facility Lessee, in each such case, as expressly permitted pursuant to any Operative Document.

Amendment of Contracts, Etc. The Borrower will not, without the --------------------------- prior written consent of the Lender, agree to or permit (a) the cancellation, suspension or termination of any Transaction Document or during the Security Period, any Affiliate Note or Affiliate Collateral Security Document (except upon the expiration of the stated term thereof), except as contemplated by this Agreement and the Collateral Security Documents, (b) the assignment of the rights or obligations of any party to any Transaction Document or during the Security Period, any Affiliate Note or Affiliate Collateral Security Document (except (x) as contemplated by this Agreement or the Collateral Security Documents or (y) as permitted without the consent of the Borrower by the terms of such Transaction Document, Affiliate Note or Affiliate Collateral Security Document or (c) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Transaction Document to which the Borrower, the General Partner or any Affiliate is a party or with respect to which the consent of the Borrower or the General Partner is required.

Amendment of Contracts, Etc. The Partnership will not, without the prior written consent of the Majority Banks, enter into any Additional Contract or agree to or permit (i) the cancellation or termination of any Project Document (except upon the expiration of the stated term thereof), (ii) the assignment of the rights or obligations of any party to any Project Document except as contemplated by this Agreement or the Security Documents, or (iii) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Project Document to which the Partnership or any Partner is a party or with respect to which the consent of the Partnership or any Partner is required; provided, however, that the Partnership or any Partner may, upon prior written notice to

Amendment of Contracts, Etc. Neither Borrower nor the Separate Property Owner shall amend, modify or otherwise alter any of the Contracts which would require Lender’s consent to enter into under this Agreement or any Licenses, Permits and Approvals without the prior written consent of Lender. Neither Borrower nor the Separate Property Owner will terminate any of the Contracts or Licenses, Permits and Approvals or accept a surrender thereof, or waive, excuse, condone or in any manner release or discharge any party to any of the Contracts, Licenses, Permits and Approvals from the obligations and agreements of such party to be performed thereunder without the prior written consent of Lender.

Amendment of Contracts, Etc. The Borrower will not, without the prior written consent of the Lender, agree to or permit (a) the cancellation, suspension or termination of any Transaction Document (except upon the expiration of the stated term thereof), except as contemplated by this Agreement and the Collateral Security Documents, (b) the assignment of the rights or obligations of any party to any Transaction Document (except (x) as contemplated by this Agreement or the Collateral Security Documents or (y) as permitted without the consent of the Borrower by the terms of such Transaction Document, Affiliate Note or Affiliate Collateral Security Document or (c) any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Transaction Document or with respect to which the consent of the Borrower or the General Partner is required.

Amendment of Contracts, Etc. The Borrower will not, without the prior written consent of the Required Lenders, agree to (a) the cancellation, suspension or termination of any Basic Document or any other contract referred to in subsection 8.19 (except upon the expiration of the stated term thereof), (b) the assignment of the rights or obligations of any party to any Basic Document or any such other contract except (x) as contemplated by this Agreement, the Collateral Security Documents or the Assignment relating to such other contract or (y) as permitted without the consent of the Borrower by the terms of such Basic Document or such other contract, or (c) any amendment, supplement or modification of, or waiver or consent with respect to any of the provisions of, any Basic Document, the Midlantic Agreements or any such other contract to which the Borrower or the General Partner is a party or with respect to which the consent of the Borrower or the General Partner is required.

Amendment of Contracts, Etc. It will not and will not permit any Affiliate within its control or Subsidiary to, without the prior approval of the Majority Lenders, which approval shall not be unreasonably withheld, (i) agree to or permit the cancellation or termination of any Assigned Contract or other Contractual Obligation on its part or for its benefit, except upon the expiration of the stated term thereof, (ii) agree to the assignment of the rights or obligations of any party to any such Assigned Contract or other Contractual Obligation, except as contemplated by this Agreement or the Collateral Security Documents, (iii) agree to any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Basic Document to which it is a party or with respect to which its consent is required, (iv) permit any amendment, supplement or modification of, or waiver with respect to any of the provisions of, any Basic Document to which it is a party or with respect to which its consent is required, (v) exercise any option under any Assigned Contract or other Contractual Obligation or (vi) petition, request or take any other legal or administrative action that seeks, or may reasonably be expected, to rescind, terminate or suspend any Contractual Obligation to which it is a party or amend or modify any portion thereof which in each case is either prohibited by the Collateral Security Documents or could reasonably be expected to have a Material Adverse Effect.