Common use of Amendments Consents Waivers Etc Clause in Contracts

Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Majority Lenders shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunder, all of which actions shall be binding upon all of the Lenders; provided, however, that without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below): (i) No reduction in the interest rate on the Loans shall be made. (ii) No extension or postponement of the stated time of payment of all or any portion of the Loans or interest thereon shall be made. (iii) No increase in the amount, or extension of the term, of the Lenders' commitments beyond that provided for in Section 2 shall be made. (iv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 shall be made. (v) No release of any Credit Security other than as permitted by Section 7.9 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 shall be made.

Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent Managing Agents may (and upon the written request of the Required Majority Lenders Lenders, the Managing Agents shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its their written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunderDefault, all of which actions shall be binding upon all of the Lenders; providedPROVIDED, howeverHOWEVER, that that: (a) Except as provided below, without the written consent of the Required Majority Lenders, no modification of or amendment to, or waiver of compliance with, any of the Credit Documents, or of a Default, shall be made. (b) Without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below): (i) No reduction in the interest rate on or the Loans fees with respect to the Loan shall be made. (ii) No extension or postponement of the stated time of payment of all or any portion of the Loans Loan or interest thereon or any fees shall be made. (iii) No waiver or forgiveness of payment of any portion of the Loan shall be made. (iv) No increase in the amount, or extension of the termterm (including any extension under Section 2.5), of the Lenders' commitments Commitments beyond that provided for in under Section 2 shall be made. (ivv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 9.2.4 shall be made. (vvi) No release of any Credit Security other than as permitted by Section 7.9 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 7.10 shall be made. (vii) No amendment to Section 2.4, 3.2.5, 3.2.6, 3.5, 3.6, 4.5, 10, 11.5, 11.6 or 16, or to the definition of "Required Majority Lenders" in Exhibit 1, or to any other Section hereof which specifies that the action of all Lenders is required as to any matter, shall be made. (viii) No release, amendment or modification of the obligations of AFC under the AFC Agreement shall be made. (ix) No assignment by the Company or AFC of its rights or delegation of its duties under any Credit Document shall be made. (c) Without the written consent of the Managing Agents, no amendment to Section 11.2, 11.7, 11.8, 11.9, 11.10 or 11.11 shall be made.

Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Majority Lenders shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunder, all of which actions shall be binding upon all of the Lenders; provided, however, that without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below): (i) No reduction in the interest rate on the Loans shall be made. (ii) No extension or postponement of the stated time of payment of all or any portion of the Loans or interest thereon shall be made. (iii) No increase in the amount, or extension of the term, of the Lenders' commitments beyond that provided for in Section 2 shall be made. (iv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 shall be made. (v) No release of any Credit Security other than as permitted by Section 7.9 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 1,000,000 shall be made.

Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Majority Required Lenders the Agent shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document (other than an Interest Rate Protection Agreement) or any Default or Event of Default hereunder or thereunderDefault, all of which actions shall be binding upon all of the Lenders; provided, however, that that: (a) Except as provided below, without the written consent of the Required Lenders, no written modification of, amendment to, consent with respect to, waiver of compliance with or waiver of a Default under, any of the Credit Documents (other than an Interest Rate Protection Agreement) shall be made. (b) Without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below): (i) No reduction in the interest rate on the Loans shall be made. made in (iiA) No extension or postponement the amount of principal of the stated time Loan or reimbursement obligations for payments made under Letters of payment of all or any portion of the Loans or interest thereon shall be made. (iii) No increase in the amount, or extension of the term, of the Lenders' commitments beyond that provided for in Section 2 shall be made. (iv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 shall be made. (v) No release of any Credit Security other than as permitted by Section 7.9 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 shall be made.Credit,

Amendments Consents Waivers Etc. Except as otherwise set forth herein, the Agent may (and upon the written request of the Required Majority Lenders Lenders, the Agent shall) take or refrain from taking any action under this Agreement or any other Credit Document, including giving its written consent to any modification of or amendment to and waiving in writing compliance with any covenant or condition in this Agreement or any other Credit Document or any Default or Event of Default hereunder or thereunder, all of which actions action shall be binding upon all of the Lenders; provided, however, that that: (a) Except as provided below, without the written consent of the Required Majority Lenders, no modification of or amendment to, or waiver of compliance with or of a Default under, any of the Credit Documents shall be made. (b) Without the written consent of such Lenders as own 100% of the Percentage Interests (other than Delinquent Lenders during the existence of a Delinquency Period so long as such Delinquent Lender is treated the same as the other Lenders with respect to any actions enumerated below): (i) No reduction in the interest rate or the fees on the Loans Loan shall be made. (ii) No extension or postponement of the stated time of payment of all or any portion of the Loans Loan or interest thereon or any fees shall be made. (iii) No waiver or forgiveness of payment of any portion of the Loan shall be made. (iv) No increase in the amount, or extension of the term, of the Lenders' commitments Commitments beyond that provided for in under Section 2 shall be made. (ivv) No alteration of the Lenders' several rights of set-off contained in Section 11.5 9.2.4 shall be made. (vvi) No release of any Credit Security other than as permitted by Section 7.9 6.2 or 7.12 and other than assets having an aggregate fair value not exceeding $2,000,000 7.10 shall be made. (vii) No amendment to Section 2.4, 3.2.4, 3.2.5, 3.4, 3.5, 10, 11.5, 11.6 or 16, or the definition of "Required Majority Lenders" in Exhibit 1, shall be made. (viii) No assignment by the Company of its rights or delegation of its duties under the Credit Documents shall be made.