Common use of Amendments of Constitutive Documents Clause in Contracts

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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements 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)

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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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this Section.

Appears in 2 contracts

Samples: Credit Agreement (Servico Market Center Inc), Revolving Credit and Guaranty Agreement (Ntelos 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, provided that documents in any amendment to manner which would have a material adverse effect on any such constitutive document that would be adverse to any rights of the Administrative Agent or Secured Parties under the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this SectionLoan 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 Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that documents in any amendment to any such constitutive document manner that would be materially adverse to any the rights of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy under the requirements to be one shall be deemed “material” for purposes of this SectionLoan Documents.

Appears in 2 contracts

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

Amendments of Constitutive Documents. Amend, or permit any of its Restricted Subsidiaries to amend, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to other than in connection with any such constitutive document that would be adverse to any amendment required for the issuance of equity securities not in excess of the Administrative Agent authorized capital of the Borrower or any Restricted Subsidiary as of the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this SectionEffective 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, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be documents other than as required by law or as does not have a materially adverse to any effect on the interests of the Lenders, in each case, as promptly disclosed to the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this SectionAgent.

Appears in 2 contracts

Samples: Senior Secured Debtor in Possession Credit Agreement (TLC Vision Corp), Credit Agreement (TLC Vision Corp)

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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this Section.

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, in each case in any material respect, its limited partnership agreement, certificate of incorporation or bylaws or other constitutive documents, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one Lenders 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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Secured Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed "material" for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (Affordable Residential 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, provided that any amendment documents except as necessary to any such constitutive document that would be adverse to any of the Administrative Agent effect a merger or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this Sectionconsolidation permitted by Section 5.02(d).

Appears in 1 contract

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

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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, provided that any amendment to other than in connection with any such constitutive document that would be adverse to any amendment required for the issuance of equity securities not in excess of the Administrative Agent authorized capital of the Borrower or any Subsidiary as of the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this SectionEffective 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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Secured Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall 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, provided that any amendment to any such constitutive document that would be documents in a manner materially adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this SectionLenders.

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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall 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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (CFW Communications 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, provided that any amendment to any such constitutive document that would be adverse to any of the Administrative Agent or the Lender Parties or cause an Unencumbered Controlled Property to no longer satisfy the requirements to be one shall be deemed “material” for purposes of this Section.

Appears in 1 contract

Samples: Credit Agreement (American Campus Communities Inc)

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