Common use of Amendment to Material Documents Clause in Contracts

Amendment to Material Documents. Amend, modify or waive any of its rights in a manner materially adverse to the Lenders or any Loan Party under (a) its Organization Documents, (b) any Material Agreements, except in any manner (x) that would not have a material and adverse effect on the Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries or (y) as permitted pursuant to or reasonably necessary to effect a Permitted Refinancing thereof or (c) any documentation governing Permitted Subordinated Indebtedness if the effect thereof is to (i) increase the interest rate thereon, (ii) change the due dates for principal or interest, other than to extend such dates, (iii) modify any default or event of default, other than to delete it or make it less restrictive, (iv) add any covenant with respect thereto, (v) modify any subordination provision, (vi) modify any redemption or prepayment provision, other than to extend the dates therefor or to reduce the premiums payable in connection therewith or (vii) materially increase any obligation of any Loan Party or any Subsidiary thereof or confer additional material rights to the holder of such Permitted Subordinated Indebtedness in a manner adverse to any Loan Party or Subsidiary thereto or any holder of the Obligations, except for any waiver, amendment or modification that will not take effect until after all Obligations (other than contingent indemnification obligations for which no claim has been made) shall have been paid in full and all commitments therefor have been terminated.

Amendment to Material Documents. AmendThe Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under its certificate of incorporation, bylaws or any Loan Party under (a) its Organization Documents, (b) any Material Agreements, except other organizational documents in any manner (x) that would not have a material and materially adverse effect on the Lenders, the Administrative Agent, the Issuing Bank, the Borrower or any of its Subsidiaries. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or (y) as permitted pursuant to waive any of its rights under the 2013 Convertible Notes Indenture, the 2013 Convertible Notes or reasonably necessary to effect a Permitted Refinancing thereof the documents governing or (c) any documentation governing Permitted Subordinated Indebtedness evidencing the 2013 Convertible Notes Call Spread Transaction if the effect thereof of such amendment, modification or waiver is to (i) increase the interest rate on such 2013 Convertible Notes or change (to earlier dates) the dates upon which principal and interest are due thereon, ; (ii) change alter the due dates for principal or interestredemption, other than to extend such dates, (iii) modify any default or event of default, other than to delete it or make it less restrictive, (iv) add any covenant with respect thereto, (v) modify any subordination provision, (vi) modify any redemption conversion or prepayment provision, other than to extend the dates therefor or to reduce the premiums payable in connection therewith or (vii) materially increase any obligation of any Loan Party or any Subsidiary provisions thereof or confer additional material rights to the holder of such Permitted Subordinated Indebtedness in a manner adverse to any Loan Party the Administrative Agent or Subsidiary thereto or any holder of the Obligations, except for any waiver, amendment or modification that will not take effect until after all Obligations Lenders (other than contingent indemnification any supplemental indenture to reflect a successor issuer or obligor in respect of the 2013 Convertible Notes to the extent required under the 2013 Convertible Notes Indenture in connection with any consolidation, merger, combination, share exchange, or sale, conveyance, transfer or lease of all or substantially all of the properties and assets of the Borrower, provided that nothing contained in this parenthetical shall be deemed to constitute consent or approval to any such merger of consolidation not otherwise permitted hereunder); (iii) alter the covenants and events of default in a manner that would make such provisions more onerous or restrictive to the Borrower or any such Subsidiary; or (iv) otherwise increase the obligations for which no claim has been made) shall have been paid of the Borrower or any Subsidiary in full and all commitments therefor have been terminatedrespect thereof or confer additional rights upon the holders thereof that individually or in the aggregate would be materially adverse to the Borrower or any of its Subsidiaries or to the Administrative Agent or the Lenders.