Common use of Amendment of Material Agreements Clause in Contracts

Amendment of Material Agreements. The Borrower will not, nor will it permit any Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), in a manner which could, individually or in the aggregate, reasonably be expected to (A) materially impair the Loan Parties’ ability to perform their obligations hereunder or under the Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s interests therein in any material respect. The Borrower will not, nor will it permit any Subsidiary to, permit any waiver, supplement, modification, amendment, termination or release of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture in each case that would (A) shorten the maturity or decrease the weighted average life to maturity of any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.

Amendment of Material Agreements. The Borrower will not, nor will it permit any Restricted Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), documents in a manner which could, individually or in the aggregate, reasonably be expected to to (A) materially impair the Loan Parties’ ability to perform their obligations hereunder or under the other Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s interests therein in any material respect. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement, modification, amendment, termination modification or release other amendment of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture or any Existing Notes Indenture in each case that would (A) shorten the maturity scheduled maturity, or decrease the weighted average life to maturity of of, any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any the covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.

Amendment of Material Agreements. The Borrower will not, nor will it permit any Restricted Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), documents in a manner which could, individually or in the aggregate, reasonably be expected to (A) materially impair the Loan Parties’ ' ability to perform their obligations hereunder or under the other Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s interests therein in any material respect. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement, modification, amendment, termination modification or release other amendment of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture in each case that would (A) shorten the maturity scheduled maturity, or decrease the weighted average life to maturity of of, any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any the covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.

Amendment of Material Agreements. The Borrower will not, nor will it permit any Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), in a manner which could, individually or in the aggregate, reasonably be expected to (A) materially impair the Loan Parties’ ' ability to perform their obligations hereunder or under the Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s 's interests therein in any material respect. The Borrower will not, nor will it permit any Subsidiary to, permit any waiver, supplement, modification, amendment, termination or release of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture Indenture, in each case that would (A) shorten the maturity or decrease the weighted average life to maturity of any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.

Amendment of Material Agreements. The Borrower will not, nor will it permit any Restricted Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), documents in a manner which could, individually or in the aggregate, reasonably be expected to (A) materially impair the Loan Parties’ ability to perform their obligations hereunder or under the other Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s interests therein in any material respect. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement, modification, amendment, termination modification or release other amendment of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture in each case that would (A) shorten the maturity scheduled maturity, or decrease the weighted average life to maturity of of, any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any the covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.

Amendment of Material Agreements. The Borrower will not, nor will it permit any Restricted Subsidiary to, (a) permit any waiver, supplement, modification, amendment, termination or release of (i) any Settlement Agreement or (ii) its certificate of incorporation, by-laws or other organizational documents, in each of clauses (i) and (ii), documents in a manner which could, individually or in the aggregate, reasonably be expected to (A) materially impair the Loan Parties’ ability to perform their obligations hereunder or under the other Loan Documents or (B) be adverse to the Lenders in any material respect, or (b) other than to permit a Permitted Debt Activity, waive, supplement, modify, amend, terminate or release any intercompany note pledged under the Collateral and Guarantee Agreement in a manner adverse to the Lender’s interests therein in any material respect. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement, modification, amendment, termination modification or release other amendment of (i) the Interim Credit Agreement, (ii) the Interim Loan Documents or (iii) the Senior Notes Indenture or any Existing Notes Indenture in each case that would (A) shorten the maturity scheduled maturity, or decrease the weighted average life to maturity of of, any Indebtedness incurred thereunder, (B) secure any of the Indebtedness incurred thereunder, (C) add additional covenants thereto that are not contained in this Agreement or make any the covenants therein more restrictive than the corresponding covenants in this Agreement or (D) add additional prepayment events thereto. The Borrower will not, nor will it permit any Restricted Subsidiary to, permit any waiver, supplement or other modification of the Pari Passu Indebtedness Documents or the Permitted Unsecured Indebtedness Documents if, after giving effect thereto, any series of Pari Passu Indebtedness or Permitted Unsecured Indebtedness, as the case may be, shall cease to meet the requirements set forth in the definition of such respective term.