Amendments; Adjustments. Neither this Agreement nor any of the other Margin Loan Documentation nor any provision hereof or thereof may be waived, amended, modified or supplemented, nor any consent granted to any deviation to the terms hereof or thereof, except pursuant to an agreement or agreements in writing entered into by the Required Lenders and Borrower, and acknowledged by Administrative Agent; provided that no such amendment, waiver, modification, supplement or consent shall:
(i) without the consent of each Lender party hereto:
(a) extend or increase the Commitment of any Lender or reinstate the terminated Commitment of any Lender;
(b) change the principal amount of, or the rate at which interest accrues on, the Advances, or any fees payable hereunder;
(c) modify the definition of “Applicable Percentage” or “Pro Rata Basis” or Section 2.12 or 2.14, or otherwise affect the manner in which payments are shared, or Collateral is allocated, ratably among the Lenders;
(d) modify the second or sixth paragraph of the Fund Representation Letter, or terminate, or release any Fund Entity from its obligations under, the Fund Representation Letter;
(e) change the definition of “Capital Call Confirmation Package,” “Equity Commitment Letter,” “Cure Time,” “Extended Cure Time,” “LTV Ratio” or “Relevant Cure Time,” or increase the LTV Initial Level, LTV Maintenance Level or the LTV Margin Call Level (or, in each case, any defined term used therein);
Amendments; Adjustments. Section 2.01. [Reserved].
Section 2.02. [Reserved].
Amendments; Adjustments. [Reserved]............................................... 3 Section 2.02. [Reserved]............................................... 3 Section 2.03. Amendments on Delivery Date.............................. 3
Amendments; Adjustments. Neither this Agreement nor any of the other Margin Loan Documentation nor any provision hereof or thereof may be waived, amended, modified or supplemented, nor any consent granted to any deviation to the terms hereof or thereof, except pursuant to an agreement or agreements in writing entered into by the Lender and the Borrowers. Notwithstanding anything to the contrary herein, upon the occurrence of any Facility Adjustment Event or Potential Facility Adjustment Event, the Calculation Agent may, acting reasonably: (a) adjust one or more of the terms or provisions of the Facility as the Calculation Agent determines necessary to account for the effect of the Facility Adjustment Event or Potential Facility Adjustment Event on the Facility in order to preserve the economic risk exposure of the Lender originally contemplated by the Margin Loan Documentation (unless the Calculation Agent determines that no such adjustment is necessary); and (b) determine the effective time of the adjustment (and may take into account, among other factors, volatility, correlation, liquidity and Free Float of the Common Shares or any other Collateral and any Restrictive Conditions or Transfer Restrictions prior to giving effect to the relevant event). Within two Business Days following the occurrence of any Facility Adjustment Event or Potential Facility Adjustment Event, the Calculation Agent shall notify the Lender and the Borrowers of the adjustments to the terms or provisions of the Facility that it proposes to make in respect thereof, and the proposed effective time therefor (or its determination that no such adjustment is necessary). If, within three Business Days of receiving such notice, the Lender notifies the Calculation Agent and the Borrowers that it disagrees with such proposed adjustments or effective time (or the Calculation Agent’s determination that no such adjustment is necessary), and includes in such notice an alternative set of commercially reasonable adjustments that the Lender proposes to make in respect of such Facility Adjustment Event or Potential Facility Adjustment Event that comply with the provisions set forth in Section 9.18(a) (which shall apply for this purpose as if the Lender were the Calculation Agent), and a proposed effective time therefor, then the Calculation Agent shall notify the Borrowers that such alternative adjustments apply as of such effective time. Except with the consent of, or at the direction of, the Lender, the Calculation Agent...
