Common use of Amendments and Waivers Release of Collateral Clause in Contracts

Amendments and Waivers Release of Collateral. (a) Any provision of this Agreement or the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders (and, if the rights or duties of the Agent or the Issuer are affected thereby, by the Agent or the Issuer, as the case may be); provided that no such amendment or waiver shall, unless signed by all the Lenders, (i) increase or decrease the Commitment of any Lender (except for a ratable decrease in the Commitments of all the Lenders) or subject any Lender to any additional obligation, (ii) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation or any interest thereon or any fees hereunder, (iii) postpone the date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation or any interest thereon or any fees hereunder or for the termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry date of any Letter of Credit, (iv) release any Guarantor from its Obligations hereunder or (v) change the percentage of the Commitments or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of Lenders, that shall be required for the Lenders or any of them to take any action under this Section 10.05 or any other provision of this Agreement; or

Amendments and Waivers Release of Collateral. (a) Any provision of this Agreement or the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders Banks (and, if the rights or duties of the Agent or the Issuer any LC Issuing Bank are affected thereby, by the Agent or the Issuersuch LC Issuing Banks, as the case may be); provided that no such amendment or waiver shall, unless signed by all the LendersBanks, (i) increase or decrease the Commitment of any Lender Bank (except for an increase pursuant to Section 2.01(b) or a ratable decrease in the Commitments of all the LendersBanks) or subject any Lender Bank to any additional obligation, (ii) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation or any interest thereon or any fees hereunder, except as provided below, (iii) postpone the date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation or any interest thereon or any fees hereunder or for the termination of any Commitment or (except as expressly provided in Section 2.14(f2.14) extend the expiry date of any Letter of Credit, (iv) release any Guarantor from its Obligations obligations hereunder or (v) change the percentage of the Commitments or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of LendersBanks, that which shall be required for the Lenders Banks or any of them to take any action under this Section 10.05 or any other provision of this Agreement. Any provision of the Collateral Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the relevant Obligor and the Agent with the consent of the Required Banks; orprovided that no such amendment or waiver shall, unless signed by all the Banks, effect or permit a release of all or substantially all of the Collateral. Notwithstanding the foregoing, Collateral shall be released from the Lien of the Collateral Documents from time to time as necessary to effect any sale or pledge of assets permitted by the Loan Documents, and the Agent shall execute and deliver all release documents reasonably requested to evidence such release.

Amendments and Waivers Release of Collateral. (a) Any provision of this Agreement or the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders Banks (and, if the rights or duties of the either Agent or the Issuer are affected thereby, by the Agent or the Issuer, as the case may besuch Agent); provided that no such amendment or waiver shall, unless signed by all the LendersBanks, (i) increase or decrease the Commitment of any Lender Bank (except for a ratable decrease in the Commitments of all the LendersBanks) or subject any Lender Bank to any additional obligation, (ii) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation or any interest thereon or any fees hereunder, (iii) postpone the date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation or any interest thereon or any fees hereunder or for the any scheduled reduction or termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry date of any Letter of CreditCommitment, (iv) change the aggregate amount of Loans required to be repaid on any Principal Repayment Date, (v) release any Guarantor from its Obligations hereunder or obligations hereunder, (vvi) change the percentage of the Commitments or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of Lenders, that Notes which shall be required for the Lenders Banks or any of them to take any action under this Section 10.05 or any other provision of this AgreementAgreement or (vii) change Section 2.12, 8.3 or 8.4. Notwithstanding the foregoing, Article 9 may not be amended with respect to any Guarantor without the consent of such Guarantor. Any provision of the Collateral Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the relevant Obligor and the Administrative Agent with the consent of the Required Banks; orprovided that no such amendment or waiver shall, unless signed by all the Banks, effect or permit a release of Collateral. Notwithstanding the foregoing, Collateral shall be released from the Lien of the Collateral Documents from time to time as necessary to effect any sale or pledge of assets permitted by the Loan Documents, and the Administrative Agent shall execute and deliver all release documents reasonably requested to evidence such release.

Amendments and Waivers Release of Collateral. (a) Any provision of this Agreement or the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders Banks (and, if the rights or duties of the either Agent or the Issuer are affected thereby, by the Agent or the Issuer, as the case may besuch Agent); provided that no such amendment or waiver shall, unless signed by all the LendersBanks, (i) increase or decrease the Commitment of any Lender Bank (except for a ratable decrease in the Commitments of all the LendersBanks) or subject any Lender Bank to any additional obligation, (ii) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation or any interest thereon or any fees hereunder, (iii) postpone the date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation or any interest thereon or any fees hereunder or for the termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry date of any Letter of Credit, (iv) release any Guarantor from its Obligations hereunder or (v) change the percentage of the Commitments or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of LendersBanks, that which shall be required for the Lenders Banks or any of them to take any action under this Section 10.05 or any other provision of this Agreement. Any provision of the Collateral Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Security Agent with the consent of the Required Banks; orprovided that no such amendment or waiver shall, unless signed by all the Banks, effect or permit a release of all or substantially all of the Collateral. Notwithstanding the foregoing, Collateral shall be released from the Lien of the Collateral Documents from time to time as necessary to effect any sale or pledge of assets permitted by the Loan Documents, and the Security Agent shall execute and deliver all release documents reasonably requested to evidence such release.

Amendments and Waivers Release of Collateral. (a) Any 1. No amendment, modification, termination or waiver of any provision of this Agreement, the Notes or any other Loan Documents, or consent to any departure by Borrower therefrom, shall in any event be effective without the written concurrence of Requisite Lenders and Borrower; provided that any such amendment, modification, termination, waiver or consent which: increases the amount of any of the Commitments or reduces the principal amount of any of the Loans; increases the maximum amount of Letters of Credit; changes any Lender’s Pro Rata Share; changes in any manner the definition of “Lenders” or “Requisite Lenders”; changes in any manner any provision of this Agreement which, by its terms, expressly requires the approval or concurrence of all Lenders; postpones the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders (and, if the rights or duties scheduled final maturity date of any of the Agent Loans; postpones the date or reduces the Issuer are affected thereby, by the Agent or the Issuer, as the case may be); provided that no such amendment or waiver shall, unless signed by all the Lenders, (i) increase or decrease the Commitment amount of any Lender scheduled reduction of the Commitments; postpones the date on which any interest or any fees are payable; decreases the interest rate borne by any of the Loans (except for a ratable decrease other than any waiver of any increase in the Commitments of all the Lenders) or subject any Lender interest rate applicable to any additional obligation, (iiof the Loans pursuant to Section 2.2E) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation fees payable hereunder; increases the maximum duration of Interest Periods permitted hereunder; reduces the amount or any interest thereon or any fees hereunder, (iii) postpone postpones the due date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation amount payable in respect of, or any interest thereon or any fees hereunder or for extends the termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry required expiration date of of, any Letter of Credit; changes in any manner the obligations of Lenders relating to the purchase of participations in Letters of Credit; or changes in any manner the provisions contained in Section 8.1(a) or (b) or this Section 10.6; or changes any of the terms of or releases the Environmental Indemnities shall be effective only if evidenced by a writing signed by or on behalf of all Lenders. In addition, (ivi) release any Guarantor from its Obligations hereunder material amendment, modification, termination or (v) change the percentage waiver of any of the Commitments provisions contained in Section 4 shall be effective only if evidenced by a writing signed by or on behalf of Administrative Agent and Requisite Lenders, (ii) no amendment, modification, termination or waiver of any provision of any Note shall be effective without the written concurrence of the Lender which is the holder of that Note, and (iii) no amendment, modification, termination or waiver of any provision of Section 3 or Section 9 or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of Lenders, that shall be required for the Lenders or any of them to take any action under this Section 10.05 or any other provision of this Agreement; orAgreement which, by its terms, expressly requires the approval or concurrence of Administrative Agent shall be effective without the written concurrence of Administrative Agent. Administrative Agent may, but shall have no obligation to, with the concurrence of any Lender, execute 95 amendments, modifications, waivers or consents on behalf of that Lender. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 10.6 shall be binding upon each Lender at the time outstanding, each future Lender and Borrower.

Amendments and Waivers Release of Collateral. (a) Any provision of this Agreement or the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders Banks (and, if the rights or duties of the either Agent or the Issuer are affected thereby, by the Agent or the Issuer, as the case may besuch Agent); provided that no such amendment or waiver shall, unless signed by all the LendersBanks, (i) increase or decrease the Commitment of any Lender Bank (except for a ratable decrease in the Commitments of all the LendersBanks) or subject any Lender Bank to any additional obligation, (ii) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation or any interest thereon or any fees hereunder, (iii) postpone the date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation or any interest thereon or any fees hereunder or for the termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry date of any Letter of Credit, (iv) release any Guarantor from its Obligations hereunder or (v) change the percentage of the Commitments or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of LendersBanks, that which shall be required for the Lenders Banks or any of them to take any action under this Section 10.05 or any other provision of this Agreement. Any provision of the Collateral Documents may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Administrative Agent with the consent of the Required Banks; orprovided that no such amendment or waiver shall, unless signed by all the Banks, effect or permit a release of all or substantially all of the Collateral. Notwithstanding the foregoing, Collateral shall be released from the Lien of the Collateral Documents from time to time as necessary to effect any sale or pledge of assets permitted by the Loan Documents, and the Agent shall execute and deliver all release documents reasonably requested to evidence such release.

Amendments and Waivers Release of Collateral. (a) Any A. No amendment, modification, termination or waiver of any provision of this Agreement, the Notes or any other Loan Documents, or consent to any departure by Borrower therefrom, shall in any event be effective without the written concurrence of Requisite Lenders; provided that any such amendment, modification, termination, waiver or consent which: increases the amount of any of the Commit- ments or reduces the principal amount of any of the Loans; increases the maximum amount of Letters of Credit; changes any Lender's Pro Rata Share; changes in any manner the definition of "Lenders", "Requisite Lenders" or "Supermajority Lenders"; changes in any manner any provision of this Agreement which, by its terms, expressly requires the approval or concurrence of all Lenders; postpones the Notes may be amended or waived if, but only if, such amendment or waiver is in writing and is signed by the Borrower and the Required Lenders (and, if the rights or duties scheduled final maturity date of any of the Agent Loans; postpones the date or reduces the Issuer are affected thereby, by the Agent or the Issuer, as the case may be); provided that no such amendment or waiver shall, unless signed by all the Lenders, (i) increase or decrease the Commitment amount of any Lender scheduled reduction of the Commitments; postpones the date on which any interest or any fees are payable; decreases the interest rate borne by any of the Loans (except for a ratable decrease other than any waiver of any increase in the Commitments of all the Lenders) or subject any Lender interest rate applicable to any additional obligation, (iiof the Loans pursuant to Section 2.2E) reduce the principal of or rate of interest on any Loan or the amount of any LC Reimbursement Obligation fees payable hereunder; increases the maximum duration of Interest Periods permitted hereunder; reduces the amount or any interest thereon or any fees hereunder, (iii) postpone postpones the due date fixed for any payment of principal of or interest on any Loan or of any LC Reimbursement Obligation amount payable in respect of, or any interest thereon or any fees hereunder or for extends the termination of any Commitment or (except as expressly provided in Section 2.14(f) extend the expiry required expiration date of of, any Letter of Credit; changes in any manner the obligations of Lenders relating to the purchase of participations in Letters of Credit; or changes in any manner the provisions contained in Section 8.1(a) or (b) or this Section 10.6; or changes any of the terms of or releases the Make-Well Agreement (except in accordance with Section 2.14 thereof) or the Environmental Indemnities shall be effective only if evidenced by a writing signed by or on behalf of all Lenders and; provided, further, that no provision of this Agreement that, by its terms, expressly requires approval or action of Supermajority Lenders, may be amended, modified or waived except with the consent of Supermajority Lenders; provided further that if there has been a change in Managing Partner, no amendment to the performance standard required of Borrower under Section 7.6A that would increase the amount required to be paid to fulfill the "Make-Well Obligations" under and as defined in the Make-Well Agreement, shall be effective to cause such increase unless Circus shall have received prior notice of such change. In addition, (ivi) release any Guarantor from its Obligations hereunder material amend- ment, modification, termination or (v) change the percentage waiver of any of the Commitments provisions contained in Section 4 shall be effective only if evidenced by a writing signed by or on behalf of Administrative Agent and Requisite Lenders, (ii) no amendment, modification, termination or waiver of any provision of any Note shall be effective without the written concurrence of the Lender which is the holder of that Note, and (iii) no amendment, modification, termination or waiver of any provision of Section 3 or Section 9 or of the Aggregate LC Exposure or of the aggregate unpaid principal amount of the Loans, or the number of Lenders, that shall be required for the Lenders or any of them to take any action under this Section 10.05 or any other provision of this Agreement which, by its terms, expressly requires the approval or concurrence of Administrative Agent shall be effective without the written concurrence of Administrative Agent. Administrative Agent may, but shall have no obligation to, with the concurrence of any Lender, execute amendments, modifications, waivers or consents on behalf of that Lender. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on Borrower in any case shall entitle Borrower to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 10.6 shall be binding upon each Lender at the time outstanding, each future Lender and, if signed by Borrower, on Borrower. No amendment, modification, termination or waiver of Section 7.6A shall be effective without the written consent of Circus or its successors and assigns under the Make-Well Agreement. B. Administrative Agent may release personal property Collateral without the consent of any Lender to the extent sold or disposed of by Borrower in a transaction or series of transactions that do not constitute Asset Sales. In addition: (i) Administrative Agent may release personal property Collateral subject to the Security Agreement having a fair market less than $100,000 with the consent of Requisite Lenders; orand (ii) Administrative Agent shall not release any personal property Collateral having a fair market value in excess of $100,000 or any other Collateral without the consent of all Lenders. 10.7