Common use of Amendment of Material Documents Clause in Contracts

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate of incorporation, by-laws, operating or other organizational documents or (b) its chartervoluntarily amend, articles voluntarily modify or certificate waive any provision of organization any documentation governing or incorporation and bylaws or operatingevidencing any Material Indebtedness, management or partnership agreement, or other organizational or governing documentsin each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amendits certificate or articles of incorporation, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessby-laws, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness unless expressly permitted under the subordination terms relative to such Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to except in the extent any case of each of this clause (b), such amendmentamendments, modification modifications, or waiver waivers, which would not be materially adverse to the LendersLenders either individually or in the aggregate.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsdocuments in each case, to the extent any such amendment, modification or waiver would be adverse in any material respect to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(b) any floorplanning arrangement with respect to the Inventory of any Borrower, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor or will it permit any Subsidiary to, amend, modify or modify, waive any of its rights under or, in the case of Material Agreements, allow to be terminated (other than in accordance with its terms) (a) any agreement relating to any Subordinated Indebtednessits Charter Documents, or (b) its charterany Material Agreement or (c) any Material Indebtedness, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case to the extent any that such amendment, modification or waiver or such termination would be material and adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness (except as permitted by the applicable subordination agreements), or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charterOrganizational Documents, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsin each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate of incorporation, by-laws, operating or other organizational documents or (b) its chartervoluntarily amend, articles voluntarily modify or certificate waive any provision of organization any documentation governing or incorporation evidencing any Material Indebtedness, in each case of clauses (a) and bylaws or operating, management or partnership agreement, or other organizational or governing documents(b), to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness or any Term Loan Obligation, in each case, except as not prohibited by the intercreditor agreement between the Administrative Agent and the holders of such Indebtedness or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to the Senior Notes or any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documentsdocuments or (c) any Credit Card Agreement, in each case to the extent any such amendment, modification or waiver would reasonably be adverse expected to the Lendersresult in a Material Adverse Effect.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documentsdocuments or (c) any Material Agreement if such amendment, modification or waiver of such Material Agreement would be adverse to the extent Lender and, in the event of any such amendment, modification or waiver would be adverse thereto, the Borrowers shall provide a copy thereof to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, certificate or articles of incorporation or certificate of organization or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, documents or (c) to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (ai) any agreement relating to any Subordinated Indebtedness, or (bii) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, or (iii) the Master Operating Lease, in each case to the extent any such amendment, modification or waiver would reasonably be expected to be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate or articles of incorporation or organization, or (b) its charterby-laws, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, agreement or other organizational or governing documents, (b) Shared Services Agreement, (c) Distribution Agreement, (d) the Stock Purchase Agreement and (e) the Joint Venture Agreement, in each case to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would reasonably be expected to be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any material agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, the Existing 2013 Senior Notes or any Indebtedness permitted pursuant to Section 6.01(i) or (j) or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No The Loan Party willParties will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents, (b) any agreement relating to any Subordinated IndebtednessLeases, or (bc) its charterany other instruments, articles documents or certificate of organization or incorporation and bylaws or operatingagreements, management or partnership agreement, or other organizational or governing documents, in each case to the extent any that such amendment, modification or waiver would be adverse to the interests of the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Restricted Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness constituting Material Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be materially adverse to the LendersLenders in their capacities as such.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, or (c) Draft Monetization, in each case, to the extent any such amendment, modification or waiver would be adverse to the LendersLenders in any material respect.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive (a) any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, documents to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLenders (as determined by the Borrower in good faith after consultation with the Administrative Agent).

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify modify, or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles articles, or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, or other organizational or governing documents, documents to the extent any such amendment, modification modification, or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to the Senior Notes or, any Subordinated IndebtednessIndebtedness or any Material Intellectual Property, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documentsdocuments or (c) any Credit Card Agreement, in each case to the extent any such amendment, modification or waiver would reasonably be adverse expected to the Lendersresult in a Material Adverse Effect.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or any Material Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLenders as reasonably determined by the Administrative Agent.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) amend, modify or waive its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsdocuments to prohibit the payment or the performance of the Obligations, restrict its ability to xxxxx x Xxxx or declare and pay a dividend or distribution or change a Loan Party’s name or the extent any such amendment, modification or waiver would be adverse to the Lendersjurisdiction of its organization.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLenders (as reasonably determined by the Administrative Agent).

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in the case of each of clauses (a) and (b), to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreementOrganizational Documents (including the LLC Agreement), or other organizational or governing documents(c) the Tax Receivable Agreement, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness or, if an Event of Default has occurred and is continuing, any other Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, (c) any Related Document, in each case to the extent any such amendment, modification or waiver would reasonably be expected to be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Credit Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be documents in a manner materially adverse to the interests of the Lenders without the prior written consent of the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLenders (in their capacities as such).

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, (c) any Related Document, in each case to the extent any such amendment, modification or waiver would reasonably be expected to be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate or articles of incorporation, or (b) its charterby-laws, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, agreement or other organizational documents or governing documents(b) other agreements, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLender as determined by the Lender in its Permitted Discretion.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary (a) to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents, (b) to voluntarily amend, voluntarily modify or governing documentswaive any provision of any documentation relating to any Convertible Notes or (c) the provisions of any Junior Debt, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its material rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary (a) to, amend, modify or waive any of its rights under (a) any its certificate of incorporation, by-laws, operating, management or partnership agreement relating to any Subordinated Indebtednessor other organizational documents, or (b) its charterto voluntarily amend, articles voluntarily modify or certificate waive any provision of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsany 2018 Convertible Notes Documentation, to the extent extent, in each case of clauses (a) and (b) above, any such amendment, modification or waiver would be materially adverse to the LendersLenders as reasonably determined by the Administrative Agent.”

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness except in accordance with the terms of any subordination agreement or intercreditor agreement or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsdocuments or (c) any other material agreement to which any Loan Party or any Subsidiary is a party, with respect to clauses (a), (b) and (c), to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate of incorporation, by-laws, operating or other organizational documents or (b) its chartervoluntarily amend, articles voluntarily modify or certificate waive any provision of organization any documentation governing or incorporation and bylaws or operatingevidencing any Material Indebtedness, management or partnership agreement, or other organizational or governing documentsin each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.. ​

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or (c) the material agreements listed on Schedule 3.12 and each agreement, instrument or document governing documentsor evidencing the Second Lien Notes, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, memorandum of association, management or partnership agreement, agreement or other organizational documents or governing documents(c) material contracts and any documents evidencing any Material Indebtedness, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any domestic Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be significantly adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational 117 documents or governing documents(b) any floorplanning arrangement with respect to the Inventory of any Borrower, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of the Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, memorandum of association, management or partnership agreement, agreement or other organizational documents or governing documents(c) the Indenture, any Open Account Agreement or the Existing Debt Securities to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.Lenders in any respect. Table of Contents

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, including the FFC Subordinated Debt and the Roundball Subordinated Debt, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, or (c) the Air Enterprises Acquisition Documents, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents, or governing documents(c) any other material agreement, in the case of clauses (a), (b) and (c), to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Junior Indebtedness for Borrowed Money or any Material Indebtedness except to the extent expressly permitted under any Acceptable Intercreditor Agreement applicable thereto or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders as reasonably determined by the Required Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documentsdocuments or (c) any Material Agreement, to the extent any such amendment, modification or waiver would be materially adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent extent, any such amendment, modification or waiver would be materially adverse to the LendersLenders as reasonably determined by the Administrative Agent.

Amendment of Material Documents. No Loan Party will, nor or will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits Charter Documents, or (b) its charterany Material Agreement or (c) any Material Indebtedness, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case to the extent any that such amendment, modification or waiver would be adverse reasonably likely to the Lendershave a Material Adverse Effect.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, or (c) to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be adverse to the Lendersinterests of the Lenders under the Loan Documents.

Amendment of Material Documents. No Loan Party will, nor will it permit any Domestic Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness (except as permitted by the applicable subordination agreements), or (b) its chartercertificate or articles of incorporation or organization, articles or certificate of organization or incorporation and bylaws or by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.. 104

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, or (c) any Material Agreement, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documentsdocuments or (c) any Material Agreement , to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(c) any agreement with CooperSurgical, Inc. relating to the Filshie system or related matters, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (ai) any agreement relating to any Subordinated Indebtedness, or (bii) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, bylaws, operating, management or partnership agreement, agreement or other organizational or governing documents, or (iii) any Related Document, in each case to the extent any such amendment, modification or waiver would reasonably be expected to be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness or, if an Event of Default has occurred and is continuing, any other Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing organization documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders. SECTION 6.12.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(b) any floorplanning arrangement with respect to the Inventory of any Borrower or any mortgage in respect of the Suwanee Real Property (and any other documents entered into in connection with such mortgage), to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, including, the Subordinated Indebtedness under the Mezzanine Loan Documents or (b) except in connection with a Qualified IPO, its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, documents to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate of incorporation, by-laws, operating or other organizational documents or (b) its chartervoluntarily amend, articles voluntarily modify or certificate waive any provision of organization any documentation governing or incorporation evidencing any Material Indebtedness, in each case in clauses (a) and bylaws or operating, management or partnership agreement, or other organizational or governing documents(b), to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders as reasonably determined by the Required Lenders; provided, that the “BPO Conversion” described on Schedule 6.10 hereto shall be permitted hereunder.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, to (a) amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtednessits certificate of incorporation, by-laws, operating or other organizational documents or (b) its chartervoluntarily amend, articles voluntarily modify or certificate waive any provision of organization any documentation governing or incorporation and bylaws or operatingevidencing any Material Indebtedness, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.102

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) the Notes Documents or any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be adverse to the Lenders and (b) its certificate of incorporation, by-laws, operating, management or partnership agreement or other organizational documents to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(c) the Senior Note Documents, to the extent any such amendment, amendment or modification or waiver would be materially adverse to the Lenders, excluding making representations or covenants thereunder less restrictive or eliminating representations or covenants thereunder.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents, (b) the documentation governing any Material Indebtedness or governing documents(c) the Convertible Note Indenture, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documentsdocuments or (c) the Timet Documents or the Collective Bargaining Agreements, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary other Group member to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, bylaws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (ai) any agreement relating to any Subordinated Indebtedness, i) any of the Term Loan Documents, except as permitted by the Intercreditor Agreement, or (bi) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Domestic Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness (except as permitted by the applicable subordination agreements), or (b) its chartercertificate or articles of incorporation or organization, articles or certificate by-laws, operating, memorandum of organization or incorporation and bylaws or operatingassociation, management or partnership agreement, agreement or other organizational or governing documents, in each case to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(c) the material agreements listed on Schedule 3.12, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(c) any other material agreement, to the extent any such amendment, modification or waiver would be adverse to the LendersLender or result in a Material Adverse Effect.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational documents or governing documents(c) any Material Agreement, in each case to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, (b) any of the Term Loan Documents, except as permitted by the Intercreditor Agreement, or (bc) its charter, articles or certificate of organization incorporation or incorporation and bylaws or organization, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, in each case, to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated IndebtednessIndebtedness (including, or (bthe Existing Senior Subordinated Notes and the New Senior Subordinated Notes) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders and (b) its certificate of incorporation, by-laws, operating, management or partnership agreement or other organizational documents to the extent any such amendment, modification or waiver would be materially adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or operating, management or partnership agreement, or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.

Amendment of Material Documents. No Loan Credit Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, Indebtedness or (b) its charter, articles or certificate of organization or incorporation and bylaws or incorporation, by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Lenders.

Amendment of Material Documents. No Loan Party will, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness, or (b) its chartercertificate or articles of incorporation or organization, articles or certificate of organization or incorporation and bylaws or by-laws, operating, management or partnership agreement, agreement or other organizational or governing documents, to the extent any such amendment, modification or waiver would be adverse to the LendersLender.