Common use of Amendment of Material Documents Clause in Contracts

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate or release its certificate of incorporation, by-laws or other organizational documents, if the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)

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Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporationformation, by-laws operating agreement or other organizational documents, if other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the effect Credit Parties, provided that the Borrower shall deliver or cause to be delivered to each Credit Party a copy of each such amendment, modification, waiver, termination modification or release is materially adverse to waiver promptly after the Borrower execution and the Subsidiaries, taken as a whole, or the Lendersdelivery thereof.

Appears in 3 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documents, documents if the effect same is reasonably likely to have a Material Adverse Effect or would result in an Event of such amendment, modification, waiver, termination or release is materially adverse to Default under any of the Borrower and the Subsidiaries, taken as a whole, or the LendersLoan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate amend or release modify its certificate of incorporation, by-by laws or other organizational documents, if other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersCredit Parties.

Appears in 2 contracts

Samples: Credit Agreement (Bisys Group Inc), Credit Agreement (Bisys Group Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, supplement or otherwise modify, waive, terminate or release waive any of its rights under its certificate of incorporationformation, by-laws operating agreement or other organizational documents, if in each case other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent a copy of each such amendment, modification, waiver, termination modification or release is materially adverse to waiver promptly after the Borrower execution and the Subsidiaries, taken as a whole, or the Lendersdelivery thereof.

Appears in 2 contracts

Samples: Amendment Agreement (Gci Liberty, Inc.), Amendment Agreement (Gci, LLC)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Subsidiary to, amend, modify, waive, terminate or release (a) its certificate of incorporation, by-laws bylaws, certificates of designations or other organizational documentsdocuments or (b) any agreement or instrument governing or evidencing any Material Indebtedness, in each case if the effect of such amendment, modification, waiver, termination or release is materially would be adverse in any material respect to the Borrower and the SubsidiariesBorrower, taken as a whole, any Subsidiary or to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporationformation, by-laws operating agreement or other organizational documents, if other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the effect Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent and each Lender a copy of each such amendment, modification, waiver, termination modification or release is materially adverse to waiver promptly after the Borrower execution and the Subsidiaries, taken as a whole, or the Lendersdelivery thereof.

Appears in 2 contracts

Samples: Security Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under (a) any Subordinated Debt document or (b) its certificate of incorporation, by-laws or other organizational documents, if the effect of unless such amendment, modificationmodification or waiver under its certificate of incorporation, waiver, termination by-laws or release is materially adverse to the Borrower and the Subsidiaries, taken as other organizational documents would not create a whole, or the LendersMaterial Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Pegasus Solutions Inc), Credit Agreement (Pegasus Systems Inc)

Amendment of Material Documents. The Neither Borrower will, nor will not, and will not it permit any Subsidiary to, amend, modify, waive, terminate or release its certificate of incorporation, by-laws or other organizational documents, if the effect of such amendment, modification, waiver, termination or release is materially adverse to the U.S. Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Subsidiary to, amend, modify, waive, terminate or release (a) its certificate of incorporation, by-laws bylaws or other organizational documentsdocuments or (b) any agreement or instrument governing or evidencing any Material Indebtedness, in each case if the effect of such amendment, modification, waiver, termination or release is materially would be adverse in any material respect to the Borrower and the SubsidiariesBorrower, taken as a whole, any Subsidiary or to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modifymodify or waive any of its rights under (i) any Senior Subordinated Debt Document, waive, terminate (ii) the Sponsor Management Agreement or release (iii) its certificate of incorporation, by-laws or other organizational documentsdocuments if, if the effect of in each case referred to above, such amendment, modification, modification or waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or is adverse in any material respect to the interests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (LifeCare Holdings, Inc.), Credit Agreement (LifeCare Holdings, Inc.)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documents, if other than immaterial amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect of such amendment, modification, waiver, termination Agent or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lendersany Lender.

Appears in 2 contracts

Samples: Guaranty Agreement (Lecroy Corp), Credit Agreement (Lecroy Corp)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under the Management Agreements or its certificate of incorporation, by-laws or other organizational documents, if other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent and each Lender a copy of each such amendment, modification, waiver, termination modification or release is materially adverse to waiver promptly after the Borrower execution and the Subsidiaries, taken as a whole, or the Lendersdelivery thereof.

Appears in 1 contract

Samples: Credit Agreement (Insight Communications Co Inc)

Amendment of Material Documents. The Borrower Borrowers will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documents, if in each case to the effect of extent that such amendment, modification, waiver, termination modification or release is waiver would be materially adverse to the Borrower and the Subsidiaries, taken as a whole, or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Amendment of Material Documents. The Borrower Borrowers will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents, if or (b) the effect provisions of Articles VI or VII of the FNANB Merchant Agreement, in each case to the extent that such amendment, modification, waiver, termination modification or release is waiver would be materially adverse to the Borrower and the Subsidiaries, taken as a whole, or interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights or increase its obligations under its certificate of incorporation, by-laws or other organizational documents, if documents in any manner that could reasonably be expected to adversely affect the effect interests of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersLenders in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Amendment of Material Documents. (a) The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documentsdocuments or the Notes, if the effect of Bank Loan Documentation, the Indenture Documentation, the Warrants or the Warrant Certificate, to the extent that such amendment, modification, waiver, termination modification or release is waiver would be materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.Lenders.31 of 69

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Restricted Subsidiary to, amend, modify, waive, terminate or release its certificate of incorporation, by-laws bylaws or other organizational documents, documents if the effect of such amendment, modification, waiver, termination or release is materially would be adverse in any material respect to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: And Restatement Agreement (Chemours Co)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Restricted Subsidiary to, amend, modify, waive, terminate or release (a) its certificate of incorporation, by-laws bylaws or other organizational documentsdocuments or (b) any Spin-Off Document, in each case if the effect of such amendment, modification, waiver, termination or release is materially would be adverse in any material respect to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents, if to the effect of extent any such amendment, modification, waiver, termination modification or release is materially waiver would be adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersLender.

Appears in 1 contract

Samples: Credit Agreement (Koss Corp)

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Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporationformation, by-laws operating agreement or other organizational documents, if in each case other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the effect Lender or otherwise result in a Material Adverse Effect, provided that the Borrower shall deliver or cause to be delivered to the Lender a copy of each such amendment, modification, waiver, termination modification or release is materially adverse to waiver promptly after the Borrower execution and the Subsidiaries, taken as a whole, or the Lendersdelivery thereof.

Appears in 1 contract

Samples: Credit Agreement (Maxcor Financial Group Inc)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Restricted Subsidiary to, amend, modify, waive, terminate or release its certificate of incorporation, by-laws bylaws or other organizational documents, documents if the effect of such 152 amendment, modification, waiver, termination or release is materially would be adverse in any material respect to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Amendment of Material Documents. (a) The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documents, if the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiariesdocuments if, taken as a whole, such amendment, modification or waiver is adverse in any material respect to the interests of the Lenders.

Appears in 1 contract

Samples: Shared Services Agreement (DEX ONE Corp)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documents, if documents to the effect of such amendment, modification, waiver, termination or release is materially extent adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersLenders in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Mac-Gray Corp)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Restricted Subsidiary to, amend, modify, waive, terminate or release (a) its certificate of incorporation, by-laws or other organizational documentsdocuments (including any certificate of designation in respect of preferred Equity Interests of the Borrower or any Restricted Subsidiary), (b) any Investment Document and (c) any Subordinated Debt Documents, in each case if the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Palm Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate amend or release modify its certificate of incorporation, by-laws or other organizational documents, if other than immaterial amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersCredit Parties.

Appears in 1 contract

Samples: Credit Agreement (Bisys Group Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or other organizational documentsdocuments or the Certificate of Designations, if the effect of Notes, the Indenture Documentation, the Warrants or the Warrant Certificate, to the extent that such amendment, modification, waiver, termination modification or release is waiver would be materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

Amendment of Material Documents. The Borrower will not, and nor will not it permit any Subsidiary to, amend, modify, waive, terminate or release (a) its certificate of incorporation, by-laws or other organizational documentsdocuments or (b) any other indenture, agreement or instrument in respect of any Material Indebtedness, in each case if the effect of such amendment, modification, waiver, termination or release is could be materially adverse to the Borrower and the SubsidiariesBorrower, taken as a whole, any Subsidiary or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Investools Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Subsidiary to, amend, modifymodify or waive any of its rights under (a) any Subordinated Debt Document, waive, terminate or release (b) its certificate of incorporation, by-laws or other organizational documents, (c) the Partnership Agreement or (d) any of the Acquisition Documents, if the effect of any such amendment, modification, waiver, termination modification or release is materially adverse waiver could reasonably be expected to the Borrower and the Subsidiaries, taken as result in a whole, or the LendersMaterial Adverse Effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (SFG Capital Corp)

Amendment of Material Documents. The Borrower will not, ------------------------------- and will not permit any Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under its certificate of incorporation, by-laws or laws, other organizational documentsdocuments or any documents evidencing or relating to any Indebtedness of the Borrower or any Subsidiary, if the effect of unless such amendment, modification, waiver, termination modification or release is materially adverse to the Borrower and the Subsidiaries, taken as waiver would not create a whole, or the LendersMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Significant Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under any Material Agreement or its certificate of incorporation, by-laws or other organizational documents, if other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the effect of such amendment, modification, waiver, termination or release is materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the LendersCredit Parties.

Appears in 1 contract

Samples: Credit Agreement (CMP Group Inc)

Amendment of Material Documents. The Borrower will not, and will not permit any Restricted Subsidiary to, amend, modify, waive, terminate modify or release waive any of its rights under (a) any First Lien Loan Document or (b) its certificate of incorporation, by-laws or other organizational documents, if in each case to the effect of extent such amendment, modification, waiver, termination modification or release is waiver would be materially adverse to the Borrower and the Subsidiaries, taken as a whole, or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Select Medical Corp)

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