Common use of Amendments of Certain Documents Clause in Contracts

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 will not, and will not (i) agree to or permit any amendment------------------------------- of its Subsidiaries to, 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 (Ai) 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; (Bii) alter the redemption, prepayment or subordination provisions thereof; (Ciii) alter the covenants and events of default in a manner which would make such provisions more onerous or restrictive to the Borrower or such Subsidiary; or (Div) otherwise increase the obligations of the 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 the Borrower, any of its Subsidiaries or Lendersthe Banks.