Amendments of Certain Documents. Amend or otherwise modify (a) any of its Organization Documents in a manner materially adverse to the Administrative Agent or the Lenders or (b) any term or condition of any Junior Financing Documentation in any manner materially adverse to the interests of the Administrative Agent or the Lenders, in each case without the consent of the Administrative Agent.
Amendments of Certain Documents. Section 8.01 Amendments to this Funding Loan Agreement 52 Section 8.02 Amendments to Financing Documents Require Consent of Funding Lender Representative 52 Section 8.03 Opinion of Bond Counsel Required 52
Amendments of Certain Documents. No Loan Party shall, nor shall it permit any of its Restricted Subsidiaries to, amend, restate, supplement or otherwise modify any of the terms or provisions of, or waive any of its rights under, (a) their respective Constituent Documents, or (b) any Material Agreement, in each case, in a manner materially adverse to the interest of the Lenders, without the prior written consent of Administrative Agent.
Amendments of Certain Documents. Borrower will not (i) agree to or permit any amendment, modification or waiver of Section 8 of the Operating Agreement, or agree to or permit any amendment, modification or waiver of any other material provision of, or terminate, the Investment Agreement or the Operating Agreement; or (ii) agree to or permit any amendment, modification or waiver of any provision of any agreement related to any Capital Debt or Subordinated Debt (including any amendment, modification or waiver pursuant to an exchange of other securities or instruments for outstanding Capital Debt or Subordinated Debt) if the effect of such amendment, modification or waiver is to (A) increase the interest rate on such Capital Debt or Subordinated Debt or change (to earlier dates) the dates upon which principal and interest are due thereon; (B) alter the redemption, prepayment or subordination provisions thereof; (C) alter the covenants and events of default in a manner which would make such provisions more onerous or restrictive to Borrower or such Subsidiary; or (D) otherwise increase the obligations of Borrower in respect of such Subordinated Debt or Capital Debt or confer additional rights upon the holders thereof which individually or in the aggregate would be adverse to Borrower, its Subsidiaries or Lenders.
Amendments of Certain Documents. Amend or otherwise modify (a) any of its Organization Documents in a manner materially adverse to the Administrative Agent or the Lenders, as determined in good faith by the Borrower, or (b) any term or condition of any Junior Financing Documentation in any manner materially adverse to the interests of the Administrative Agent or the Lenders, as determined in good faith by the Borrower; provided that clause (b) shall not apply to any amendment of any Junior Financing Documentation with respect to any Junior Financing with an aggregate principal amount of less than $10,000,000; provided further that the preceding proviso shall not apply to an amendment that would change to an earlier date any required payment of principal of such Junior Financing.
Amendments of Certain Documents. Each Loan Party shall not, and shall not permit any of its Subsidiaries to, amend, restate, supplement or otherwise modify any of their respective Constituent Documents or the Subordinated Debt Documents, in each case, in a manner adverse to the interest of the Lenders.
Amendments of Certain Documents. Amend, modify or waive (a) any material term or provision of its Certificate of Incorporation or By-Laws (or other similar constituent documents) other than in connection with a Permitted Equity Issuances if such amendment, modification or waiver could reasonably be expected to have a Material Adverse Effect or would otherwise be materially adverse to the interest of the Agent or any Lender (as reasonably determined by the Agent), (b) any documents or instruments evidencing or giving rise to Permitted Subordinated Debt except to the extent permitted under the terms of the subordination agreement with respect thereto and, in any event, if such modification or waiver is material to the interests of the Lenders, without promptly delivering a copy thereof to the Agent, (c) any Term Loan Document except to the extent permitted under the terms of the Intercreditor Agreement and, in any event, if such modification or waiver is material to the interests of the Lenders, without promptly delivering a copy thereof to the Agent or (d) any provision of any lease between any Loan Party and any of Frontier Mall Associates Limited Partnership, MSW Promenade, L.P., TX-SW #1, LP, Ambassador Way Associates, LP or Bluecap, Ltd. with respect to any Lien granted to any such lessor in a manner adverse to the interests of the Lenders. Permit any of its Subsidiaries to, amend, modify or alter, or permit to be amended, modified or altered, or enter into any new agreement or document with respect to, any Purchase Document, including without limitation any schedule, exhibit, amendment, supplement, modification, assignment, side letter or any other document delivered pursuant thereto or in connection therewith by any Loan Party, Subsidiary or any other Affiliate, in each case, to the extent the same (i) could reasonably be expected to have a Material Adverse Effect, (ii) would cause or result in a Default or Event of Default hereunder or (iii) is adverse to the interests of Agent or any Lender in their capacities as such.
Amendments of Certain Documents. Make any amendment, waiver, restatement, supplement or other modification to such Person’s Organizational Documents in any manner materially adverse to the Lenders without in each case obtaining the prior written consent of the Administrative Agent to such amendment, waiver, restatement, supplement or other modification; provided that, for the avoidance of doubt, Holdings may issue Equity Interests so long as such issuance is not otherwise prohibited by this Agreement, and may amend or modify its Organizational Documents to authorize the issuance of any such Equity Interests.
Amendments of Certain Documents. Section 8.01 Amendments to this Funding Loan Agreement 50 Section 8.02 Amendments to Financing Documents Require Consent of Funding Lender Representative 50 Section 8.03 Opinion of Bond Counsel Required 51 Section 9.01 Discharge of Lien 51 Section 9.02 Discharge of Liability on Funding Loan 52 Section 9.03 Payment of Funding Loan After Discharge of Funding Loan Agreement 53 Section 11.01 Servicing of the Loans 53 Section 11.02 Limitation of Rights 53 Section 11.03 Construction of Conflicts; Severability 53 Section 11.04 Notices 54 Section 11.05 Funding Lender Representative 56 Section 11.06 Payments Due on Non‑Business Days 56 Section 11.07 Counterparts 57 Section 11.08 Laws Governing Funding Loan Agreement 57 Section 11.09 No Recourse 57 Section 11.10 Successors and Assigns 57 THIS FUNDING LOAN AGREEMENT (this “Funding Loan Agreement”), is made and entered into as of [________], by and among [NAME OF INITIAL FUNDING LENDER], in its capacity as Initial Funding Lender (the "Initial Funding Lender"), the [NAME OF GOVERNMENTAL ENTITY] (the “Governmental Lender”), a [ ] organized and existing under the laws of the [State][Commonwealth] of [ ] (the “State”), and [NAME OF FISCAL AGENT], a [national banking association][state banking corporation], organized and operating under the laws of the [United States of America][State of _________], having a corporate trust office in [___________________], as Fiscal Agent (the “Fiscal Agent”). Capitalized terms are defined in Section 1.01 of this Funding Loan Agreement.
Amendments of Certain Documents. Amend or otherwise modify, or waive any rights under (a) any provisions of any Subordinate Debt (other than as expressly permitted by the applicable Subordination Agreement), (b) reserved, or (c) any Purchase Document or Governing Document other than amendments, modifications and waivers that are not materially adverse to the interests of Agent and the Lenders.
