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 51 Section 8.02. Amendments to Financing Documents Require Consent of Funding Lender Representative51 Section 8.03. Opinion of Bond Counsel Required 51 ARTICLE IX.
Amendments of Certain Documents. No Loan Party shall, nor shall it permit any other Beneficient Party to, amend, restate, supplement or otherwise modify any of the terms or provisions of, or waive any of its rights under, its Constituent Documents in a manner adverse to the interest of the Lenders, without the prior written consent of Administrative Agent.
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. Section 8.01 Amendments to this Funding Loan Agreement 43 Section 8.02 Amendments to Financing Documents Require Consent of Funding Lender Representative 43 Section 8.03 Opinion of Bond Counsel Required 44 ARTICLE IX SATISFACTION AND DISCHARGE OF FUNDING LOAN AGREEMENT Section 9.01 Discharge of Lien 44 Section 9.02 Discharge of Liability on Funding Loan 45 Section 9.03 Payment of Funding Loan After Discharge of Funding Loan Agreement 45 ARTICLE X INTENTIONALLY OMITTED ARTICLE XI MISCELLANEOUS Section 11.01 Servicing of the Loans 46 Section 11.02 Limitation of Rights 46 Section 11.03 Construction of Conflicts; Severability 46 Section 11.04 Notices 46 Section 11.05 Funding Lender Representative 48 Section 11.06 Payments Due on Non Business Days 49 Section 11.07 Counterparts 49 Section 11.08 Laws Governing Funding Loan Agreement 49 Section 11.09 No Recourse 49 Section 11.10 Successors and Assigns 49 EXHIBIT A FORM OF GOVERNMENTAL NOTE EXHIBIT B FORM OF NOTICE OF APPOINTMENT OF FUNDING LENDER REPRESENTATIVE EXHIBIT C FORM OF TRANSFEREE REPRESENTATIONS LETTER EXHIBIT D COST OF ISSUANCE REQUISITION EXHIBIT E PROJECT LOAN FUND REQUISITION FUNDING LOAN AGREEMENT – TEL (Immediate) FIXED RATE (Revised 9-30-2019) THIS FUNDING LOAN AGREEMENT (this “Funding Loan Agreement”), is made and entered into as of January 1, 2020, by and among CAPITAL ONE, NATIONAL ASSOCIATION, a national banking association in its capacity as Initial Funding Lender (the “Initial Funding Lender”), the COUNTY OF CONTRA COSTA, CALIFORNIA (the “Governmental Lender”), a public body, corporate and politic, duly organized and existing under the laws of the State of California (the “State”), and U.S. BANK NATIONAL ASSOCIATION, a national banking association, organized and operating under the laws of the United States of America, having a corporate trust office in San Francisco, California, as Fiscal Agent (the “Fiscal Agent”). Capitalized terms are defined in Section 1.01 of this Funding Loan Agreement. RECI TA XX
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. 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. 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. The Borrower shall not, and shall not permit any of its Subsidiaries to, agree to or permit any amendment, modification or waiver of:
Amendments of Certain Documents. Amend or otherwise modify, or waive any rights under any provisions of any Subordinate Debt (other than as expressly permitted by the applicable Subordination Agreement), or any Purchase Document or Governing Document other than amendments, modifications and waivers that would not reasonably be deemed to be materially adverse to the interests of Bank.
