Common use of Amendments of Constitutive Documents Clause in Contracts

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any manner that would be materially adverse to the rights of the Lender Parties under the Loan Documents.

Appears in 2 contracts

Samples: Guaranty and Security Agreement (Pac-West Telecomm Inc), Note and Warrant Purchase Agreement (Pac-West Telecomm Inc)

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Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in any manner that would be materially adverse to the rights of the Lender Parties under the Loan Documentsdocuments.

Appears in 2 contracts

Samples: Credit Agreement (Maguire Properties Inc), Credit Agreement (Maguire Properties Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any manner that would be materially adverse to the rights of the Lender Parties under the Loan Documentsdocuments.

Appears in 2 contracts

Samples: Revolving Credit and Guaranty Agreement (Ntelos Inc), Credit Agreement (Servico Market Center Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to any of the rights of Administrative Agent or the Lender Parties under or cause an Unencumbered Controlled Property to no longer satisfy the Loan Documentsrequirements to be one shall be deemed “material” for purposes of this Section.

Appears in 2 contracts

Samples: Credit Agreement (American Campus Communities Operating Partnership LP), Credit Agreement (American Campus Communities Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any manner that which would be materially have a material adverse to the effect on any rights of the Lender Secured Parties under the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Tanner Chemicals Inc), Credit Agreement (Sovereign Specialty Chemicals Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Restricted Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents documents, other than in connection with any manner that would be materially adverse to such amendment required for the rights issuance of equity securities not in excess of the Lender Parties under authorized capital of the Loan DocumentsBorrower or any Restricted Subsidiary as of the Effective Date.

Appears in 2 contracts

Samples: Credit Agreement (Grubb & Ellis Co), Credit Agreement (Grubb & Ellis Co)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any a manner that would be materially adverse to the rights of the Lender Parties under the Loan DocumentsLenders.

Appears in 1 contract

Samples: Credit Agreement (NCO Teleservices, Inc.)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to the rights any of the Lender Parties under Administrative Agent or the Loan DocumentsLenders shall be deemed “material” for purposes of this Section.

Appears in 1 contract

Samples: Senior Secured Term Loan Agreement (American Campus Communities Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to any of the rights of Administrative Agent or the Lender Parties under the Loan Documentsshall be deemed "material" for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to the rights any of the Lender Secured Parties under the Loan Documentsshall be deemed “material” for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Inc)

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Amendments of Constitutive Documents. Amend, or permit any of its ------------------------------------ Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any manner that would be materially adverse to the rights of the Lender Parties under the Loan Documentsdocuments.

Appears in 1 contract

Samples: Credit Agreement (CFW Communications Co)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents documents, other than in connection with any manner that would be materially adverse to such amendment required for the rights issuance of equity securities not in excess of the Lender Parties under authorized capital of the Loan DocumentsBorrower or any Subsidiary as of the Effective Date.

Appears in 1 contract

Samples: Credit Agreement (Grubb & Ellis Co)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to any of the rights of Administrative Agent or the Lender Parties under the Loan Documentsshall be deemed “material” for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Inc)

Amendments of Constitutive Documents. Amend, or permit any ------------------------------------ of its Subsidiaries to amend, its certificate of incorporation or bylaws or other constitutive documents in any manner that would be materially adverse except as necessary to the rights of the Lender Parties under the Loan Documentseffect a merger or consolidation permitted by Section 5.02(d).

Appears in 1 contract

Samples: Senior Secured Priming Debtor in Possession Credit Agreement (Amf Bowling Worldwide Inc)

Amendments of Constitutive Documents. Amend, or permit any of its Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents in documents, provided that any manner amendment to any such constitutive document that would be materially adverse to the rights any of the Lender Secured Parties under the Loan Documentsshall be deemed "material" for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (Affordable Residential Communities Inc)

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