Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) the Subordinated Debt Documents except as permitted in the applicable Subordinated Debt Documents and Subordination Agreements, or if no such restrictions exist in the applicable Subordinated Debt Documents or Subordination Agreements, without the prior written consent of the Agent.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) any of the material terms and conditions of those documents or instruments evidencing or otherwise related to Subordinated Debt (once approved by the requisite Banks) or waive (or permit to be waived) any such provision thereof in any material respect, without the prior written approval of Agent and the Majority Banks. For purposes of those documents and instruments evidencing or otherwise related to the Subordinated Debt, any increase in the original interest rate or principal amount, any shortening of the original amortization, any change in any default, remedial or other repayment terms, any change in or waiver of conditions contained therein which are required under or necessary for compliance with this Agreement or the other Loan Documents or any change in the subordination provisions contained therein, shall (without reducing the scope of this Section 8.14) be deemed to be material.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) any of the terms and conditions of those documents or instruments evidencing or otherwise related to any Debt set forth on Schedule 8.1, any Subordinated Debt, any provision thereof which in any case could reasonably be expected to be adverse to the Banks, in any case without the prior written approval of Agent and the Majority Banks.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) any of the terms and conditions of those documents or instruments evidencing or otherwise related to any Debt set forth on Schedule 8.1, any Subordinated Debt, any provision thereof which in any case could reasonably be expected to be adverse to the Banks, in any case without the prior written approval of the Administrative Agent and the Majority Banks; for purposes of those documents or instruments evidencing or otherwise related to such Debt, any shortening of the put exercise date or increase in the amount of or change in the formula for determining the put price under any rights agreement, any increase in the original interest rate or principal amount, any shortening of the original amortization, any change in financial covenants which make such covenants more restrictive or adds new covenants, any change in any default, remedial or other repayment term making such term more onerous or restrictive, shall, without reducing the scope of this Section 8.13, be deemed to be adverse to the Banks.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) any of the material terms and conditions of those documents or instruments evidencing or otherwise related to any Debt set forth on Schedule 8.1 attached hereto, any Subordinated Debt of any US/Canadian Company, or waive (or permit to be waived) any provision thereof in any material respect, without the prior written approval of Agent and the Majority Lenders; for purposes of those documents or instruments evidencing or otherwise related to such Debt, any increase in the original interest rate or principal amount, any shortening of the original amortization, any change in financial covenants, any change in terms of subordination, any addition of or change in any default, remedial or other repayment terms and any change in or waiver of conditions contained therein which are required under or necessary for compliance with this Agreement or the other Loan Documents shall (without reducing the scope of this Section 8.11) be deemed to be material.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) any of the material terms and conditions of those documents or instruments evidencing or otherwise related to Subordinated Debt or waive (or permit to be waived) any such provision thereof in any material respect, without the prior written approval of Agent and the Majority Banks. For purposes of those documents and instruments evidencing or otherwise related to the Subordinated Debt, any increase in the original interest rate or principal amount, any shortening of the original amortization, any change in any default, remedial or other repayment terms, any change in or waiver of conditions contained therein which are required under or necessary for compliance with this Agreement or the other Loan Documents or any change in the subordination provisions contained therein, shall (without reducing the scope of this Section 8.14) be deemed to be material.
Amendment of Subordinated Debt Documents. Until the Senior Debt is Paid in Full, and notwithstanding anything contained in the Subordinated Debt Documents, the Loan Agreement or any of the other Senior Debt Documents to the contrary, the Subordinated Creditor shall not, without the prior written consent of the Agent, agree to any amendment, modification or supplement to the Subordinated Debt Documents the effect of which is to (a) increase the maximum principal amount of the Subordinated Debt to a principal amount in excess of $14,000,000 (other than as the result of the capitalization of interest or the issuance of payment-in-kind notes), (b) increase the rate of interest on any of the Subordinated Debt (except in connection with (i) the imposition of a default rate of interest in accordance with the terms of the Subordinated Debt Documents and (ii) a rate increase to the extent such increase is not payable in cash prior to the Payment in Full of the Senior Debt), (c) change any date upon which regularly scheduled payments of principal or interest on the Subordinated Debt are due to an earlier date, (d) add or make more restrictive any event of default or any covenant with respect to the Subordinated Debt or make any change to any event of default or any covenant which would have the effect of making such event of default or covenant more restrictive (other than any modification or addition to conform to changes made with respect to a corresponding provision of the Senior Debt Documents so long as the applicable cushion or differential that exists between such provision of the Senior Debt Documents and the corresponding provision of the Subordinated Debt Documents immediately prior to the applicable modification is maintained), (e) take any liens or security interests in property or assets of the Obligors or any other property or assets securing the Senior Debt, (f) change any redemption or prepayment provisions of the Subordinated Debt, or (g) alter the subordination provisions with respect to the Subordinated Debt, including, without limitation, subordinating the Subordinated Debt to any other indebtedness. Notwithstanding the foregoing, the consent of the Agent shall not be required to waive any Subordinated Default or to amend, modify or supplement the Subordinated Debt Documents in a manner which is less restrictive than as the Subordinated Debt Documents are currently in effect.
Amendment of Subordinated Debt Documents. Amend, modify or otherwise alter any of the material terms and conditions of those documents or instruments evidencing or otherwise related to any Subordinated Debt, or waive (or permit to be waived) any provision thereof in any material respect, without the prior written approval of Bank; for purposes of those documents or instruments evidencing or otherwise related to such Subordinated Debt, any increase in the original interest rate or principal amount, any shortening of the original amortization, any change in financial covenants which make such covenants more restrictive or adds new covenants, any change in any default, remedial or other repayment terms making such term more onerous or restrictive, any increase in the fees payable after the Effective Date pursuant to the Securities Purchase Agreement and any other change in or waiver of conditions contained therein which makes such conditions more restrictive or onerous or adds new conditions, shall (without reducing the scope of this Section 9.12) be deemed to be material.”
Amendment of Subordinated Debt Documents. The following sentence shall be added to the end of Section 9: “No amendment of the documents evidencing the Subordinated Debt or the Third Position Debt shall directly or indirectly modify the provisions of this Agreement in any manner which might terminate or impair the subordination of the obligations owing the Senior Debtor, the Subordinating Creditor or the Third Position Creditors without the prior written consent of the affected creditor party. By way of example, such documents shall not be amended to (i) increase the principal amount except as expressly permitted under this Amendment, (ii) increase the rate of interest, or (iii) accelerate the payment of the principal or interest or any other portion of the Subordinated Debt or the Third Position Debt.”
Amendment of Subordinated Debt Documents. The Loan Parties will not amend, modify or otherwise alter (or suffer to be amended, modified or altered) any Subordinated Debt Document except as permitted in the applicable Subordinated Debt Documents and Subordination Agreements, or if no such restrictions exist in the applicable Subordinated Debt Documents or Subordination Agreements, without the prior written consent of Lender.
