Amendments of Charter Documents. Borrower shall not amend its articles of incorporation, bylaws and any other charter documents or permit any Marine Subsidiary to amend its articles of incorporation, bylaws or other charter documents.
Amendments of Charter Documents. None of the Borrower Parties shall amend its charter, bylaws, partnership agreement or other organizational documents in any material respect, without in each case obtaining the prior written consent of the Majority Lenders, which consent will not be unreasonably withheld, conditioned or delayed, except to increase the percentage of shares that may be owned by any person and to reflect issuances of securities.
Amendments of Charter Documents. The Company shall take all necessary action to amend the Certificate of Incorporation so as to amend and restate the certificate of designation of its Series A Preferred Stock in the form set forth as Exhibit K (the "CERTIFICATE AMENDMENTS"). The Company shall use reasonable efforts take all steps reasonably necessary to effect any other amendment of the Certificate of Incorporation and Bylaws (subject, where necessary, to obtaining stockholder consent) to implement the rights and obligations of the parties contained herein to the extent necessary or appropriate under Delaware law.
Amendments of Charter Documents. 63 Section 6.12.
Amendments of Charter Documents. The Borrower shall not, nor permit any Subsidiary to, amend its charter, bylaws or other charter documents in any respect that affects the voting rights of Capital Stock included in the Collateral or holders thereof, increases payment obligations of the Borrower, affects the validity or enforceability of any Loan Document or Lien thereunder or that otherwise could have a Material Adverse Effect, without in each case obtaining the prior written consent of the Required Lenders.
Amendments of Charter Documents. No Borrower shall amend its ------------------------------- charter, bylaws or other charter documents in any respect that affects the voting rights of Capital Stock included in the Collateral or holders thereof, increases payment obligations of a Borrower, affects the validity or enforceability of any Loan Document or Lien thereunder or that otherwise could reasonably be expected to have a Material Adverse Effect, without in each case obtaining the prior written consent of the Required Lenders.
Amendments of Charter Documents. MATERIAL CONTRACTS OR SUBORDINATED DEBT INSTRUMENTS.
(a) HoldCo and the Company shall not, and shall not permit any of their Subsidiaries to amend its charter, bylaws or other constitutive documents (other than ministerial amendments and amendments to give effect to permitted capital increases) in any respect that affects the voting rights of Capital Stock included in the Collateral or holders thereof, affects the validity or enforceability of any Material Contract, Pari Passu Financing Document or Lien thereunder or that is adverse to the Pari Passu Creditors in any material respect.
(b) The Company shall not, and shall not permit any of the Subsidiaries to, consent to, implement or otherwise permit or suffer, any termination, amendment, modification, supplement or waiver of, or fail to enforce any rights under any provision of, a Material Contract [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. Common Terms Agreement 76 87 or any rights of the Company or any Subsidiary thereunder, except (i) the amendment of the Shareholder Agreement in accordance with the Shareholder Consent and Agreement, (ii) if such termination, amendment, modification, supplement, waiver or failure is not reasonably likely to have a Material Adverse Effect (or with respect to Material Contracts with Affiliates of the Company or the Subsidiaries, if such termination, amendment, modification, supplement, waiver or failure to enforce is not adverse to the Pari Passu Creditor Parties in any material respect) or (iii) a termination of any Supply Agreement based upon a default by the supplier thereunder, if a substitute contract, which is equivalent in all material respects to such terminated Supply Agreement, is entered into within 120 days.
(c) The Company shall not amend any of the indentures, loan agreements, note purchase agreements or other financing documents relating to Shareholder Loans, Exchange Debt, Excluded Debt (including Permitted Unsecured Debt), Funding Gap Financing in the form of Debt or any Subordinated Debt, or waive or otherwise relinquish any of its rights or causes of action under or arising out of any of the foregoing, with respect to interest rates, principal or interest payment amounts, principal or interest payment dates, subordination, representations or covenants, or events of default...
Amendments of Charter Documents. 64 Section 6.9. Certain Obligations............................64 Section 6.10. Distributions..................................65
Amendments of Charter Documents. 62 6.9 Certain Obligations...........................................................................62 6.10 Distributions.................................................................................62 ARTICLE 7...................................................................................EVENTS OF DEFAULT 63 7.1 Events of Default.............................................................................63 7.1.1 Failure to Make Payments..............................................................63 7.1.2 Default in Other Debt.................................................................63 7.1.3 Breach of Covenants...................................................................63 7.1.4 Breach of Warranty....................................................................63 7.1.5 Involuntary Bankruptcy; Appointment of Receiver, Etc..................................63 7.1.6 Voluntary Bankruptcy; Appointment of Receiver, Etc....................................64 7.1.7 Judgments and Attachments.............................................................64 7.1.8 Termination of Loan Documents, Etc....................................................64 7.1.9 Change of Control.....................................................................64 7.1.10 Change of Condition...................................................................64 7.1.11 Guaranty 65 7.2 Remedies......................................................................................65
Amendments of Charter Documents. Pledgor will not, without the prior written consent of Lender (which may be withheld by Lender in the exercise of its reasonable discretion), cause, permit or consent to any amendment or modification of any Charter Document which would have the effect of reducing the Membership Interests.
