Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents or (b) any Specified Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing).
Appears in 7 contracts
Samples: Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.), Credit Agreement (Burlington Stores, Inc.)
Amendment of Material Documents. No Loan Party will will, amend, modify or waive any of its rights under (a) its Charter Documents any agreement or document evidencing Restricted Indebtedness that constitutes Material Indebtedness or (b) any Specified Indebtednessits Organizational Documents, in each case to the extent that such amendment, modification or waiver waiver, taken as a whole, would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)be materially adverse to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/), Credit Agreement (Abm Industries Inc /De/)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents or Documents, (b) the nature of the obligations under any Specified guaranty of recourse obligations, (c) the Advisory Agreement, or (d) any Material Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 4 contracts
Samples: Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.), Credit Agreement (Burlington Coat Factory Investments Holdings, Inc.)
Amendment of Material Documents. No Loan Party will shall agree to amend, modify modify, supplement or waive replace any of its rights under (a) its Charter Documents Material Document or (b) any Specified Indebtednessdocument executed and delivered in connection therewith, in each case in a manner which could reasonably be expected to materially adversely affect any interests of the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)Administrative Agent and the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Monarch Casino & Resort Inc), Credit Agreement (Monarch Casino & Resort Inc)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents any agreement relating to any Subordinated Indebtedness, or (b) any Specified Indebtednessits certificate of incorporation, in each case by-laws, operating, management or partnership agreement or other organizational documents, to the extent that any such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)be adverse to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Lapeyre James M Jr), Credit Agreement (Lapeyre James M Jr), Credit Agreement (Lapeyre James M Jr)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents or (b) any Specified Material Contract or Material Indebtedness, in each case to the extent that such amendment, modification or waiver would be reasonably likely have to result in a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 2 contracts
Samples: Credit Agreement (Pier 1 Imports Inc/De), Credit Agreement (Pier 1 Imports Inc/De)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under any agreement relating to any Subordinated Indebtedness that has the effect of (ai) its Charter Documents accelerating the date of any payment of principal or interest thereunder, (ii) increasing the interest rate or fees payable thereunder or converting any interest payable in kind to current cash pay interest, (iii) amending, modifying or supplementing the subordination provisions related thereto or (biv) making any Specified Indebtedness, in each case to the extent that such amendment, modification provisions related thereto more restrictive or waiver would reasonably likely have a Material Adverse Effect (other than burdensome on any permitted refinancing)Loan Party.
Appears in 2 contracts
Samples: Credit Agreement (Kaiser Aluminum Corp), Credit Agreement (Kaiser Aluminum Corp)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents charter, articles or certificate of incorporation or organization, by-laws, operating, management or partnership agreement or other organizational or governing documents in a manner that negatively impacts Lender’s rights or remedies under the Loan Documents, (b) any Specified agreement relating to any Subordinated Indebtedness, in each case or (c) any Material Agreement, to the extent that any such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)be adverse to Lender.
Appears in 2 contracts
Samples: Credit and Security Agreement (Hudson Executive Investment Corp.), Credit and Security Agreement (Hudson Executive Investment Corp.)
Amendment of Material Documents. No Loan Party will, nor will it permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its Charter Documents or any Senior Notes Document, (b) any Specified Indebtednessagreement or instrument governing or evidencing any Covered Notes or (c) its certificate of incorporation, bylaws or other organizational documents, in each case to the extent that such amendment, modification or waiver would could reasonably likely have a Material Adverse Effect (other than be expected to be adverse in any permitted refinancing)material respect to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Tyson Foods Inc), The Credit Agreement (Tyson Foods Inc)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents or Documents, (b) any Specified Master Lease, (c) the nature of the obligations under any guaranty of recourse obligations or any environmental indemnity agreement executed and delivered in connection with the CMBS Facilities or any Supplemental Real Estate Facility, (d) the Advisory Agreement, or (e) any Material Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 1 contract
Samples: Credit Agreement (Toys R Us Inc)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) (i) its Charter Documents Documents, or (bii) any Specified Material Contract or Material Indebtedness, in each case of this clause (a) to the extent that such amendment, modification or waiver would be reasonably likely have to result in a Material Adverse Effect Effect, or (other than b) any Pre-Petition Term Loan Document, to the extent that such amendment, modification or waiver would not be permitted refinancing)under the Intercreditor Agreement.
Appears in 1 contract
Samples: Pier 1 Imports Inc/De
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents certificate of incorporation, by-laws, operating, management or (b) any Specified Indebtednesspartnership agreement or other organizational documents, in each case to except for such amendments, modifications or waivers that would not, in any material respect, adversely affect the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)interests of the Administrative Agent and the Lenders.
Appears in 1 contract
Amendment of Material Documents. No Loan Party will, or will permit any Subsidiary to, amend, modify or waive any of its rights under (a) its Charter Documents or Documents, (b) any Specified Material Agreement or (c) any Material - 52 - Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely to have a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 1 contract
Amendment of Material Documents. (a) No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents or Documents, (b) the nature of the obligations under any Specified guaranty of recourse obligations, (c) the Advisory Agreement, or (d) any Material Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 1 contract
Samples: Credit Agreement (COHOES FASHIONS of CRANSTON, Inc.)
Amendment of Material Documents. No Loan Party will amend, modify or waive any of its rights under (a) its Charter Documents Documents, or (b) any Specified Material Indebtedness, in each case to the extent that such amendment, modification or waiver would reasonably likely have a Material Adverse Effect (other than any permitted refinancing)Effect.
Appears in 1 contract
Amendment of Material Documents. No Loan Party will shall amend, modify or waive any of its rights under (a) its Charter Documents or (b) any Specified IndebtednessOrganizational Documents, in each case to the extent that any such amendment, modification or waiver would reasonably likely have a Material Adverse Effect be adverse to the Bank in any material respect or (other than b) any agreement relating to any Subordinated Debt except to the extent expressly permitted refinancing)by the Subordination Agreement applicable thereto.
Appears in 1 contract
Samples: Credit Agreement (Janel Corp)