Amendments of Documents. Relating to Subordinated Indebtedness, the Assumed Guaranties and the Customer Notes Related to the Assumed Guaranties. No Borrower shall nor shall any Borrower permit any of its Subsidiaries to, amend or otherwise change the terms of any Subordinated Indebtedness, the Assumed Guaranties and the Customer Notes related to the Assumed Guaranties or any agreement related thereto or any guaranty entered into by any Loan Party in connection therewith, or make any payment consistent with an amendment thereof or change thereto, if the effect of such amendment or change is to increase the interest rate on such Subordinated Indebtedness, such Assumed Guaranties or such Customer Notes, change any dates upon which payments of principal or interest are due thereon, change any of the covenants with respect thereto in a manner which is more restrictive to such Borrower or any of its Subsidiaries, change any event of default or condition to an event of default with respect thereto in a manner which is more restrictive to such Borrower, change the redemption, prepayment or defeasance provisions thereof, change the subordination provisions thereof (or of any guaranty thereof), or change any collateral therefor (other than to release such collateral), or if the effect of such amendment or change, together with all other amendments or changes made, is to increase the obligations of the obligor thereunder or to confer any additional rights on the holders of such Subordinated Indebtedness, such Assumed Guaranties or such Customer Notes (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lenders.
Amendments of Documents. Modify, amend, supplement or terminate, or agree to modify, amend, supplement or terminate, its certificate of incorporation or by-laws.
Amendments of Documents. Borrower shall not amend or modify any note, instrument or agreement in connection with any Subordinated Debt without the prior written consent of Lender.
Amendments of Documents. 74 Section 7.13 Capital Expenditures........................................75 Section 7.14
Amendments of Documents. So long as any Lender shall have any Commitment hereunder, any Loan or other Obligation hereunder shall remain unpaid or unsatisfied, none of the Borrower or any Subsidiary Guarantor shall amend any of its Organization Documents, the Intercompany Secured Loans, the Intercompany Security Documents or the Subordination Agreement, except (i) to increase the amount of Intercompany Secured Loans as required pursuant to Section 2.03(b), (ii) to make any amendment to the Intercompany Security Documents to reflect a corresponding amendment to any Loan Document so as to comply with the requirements of this Agreement and the other Loan Documents, (iii) in the case of any Organization Documents of the Borrower or any Subsidiary Guarantor, as would not be materially adverse to the interests of the Lenders (it being agreed that conforming changes to be made relating to directors’ and officers’ indemnity provisions are not materially adverse to the Lenders) or (iv) amendments to the Intercompany Secured Loan Agreements, the Intercompany Security Documents or the Subordination Agreement that, in each case, are not adverse to the Borrower in any material respect.
Amendments of Documents. RELATING TO SUBORDINATED INDEBTEDNESS OR SENIOR NOTES. Holdings and Company shall not, and shall not permit any of their respective Subsidiaries to, amend or otherwise change the terms of any Subordinated Indebtedness or Senior Notes, or make any payment consistent with an amendment thereof or change thereto, if the effect of such amendment or change is to increase the interest rate on such Subordinated Indebtedness or Senior Notes, change (to earlier dates) any dates upon which payments of principal or interest are due thereon, change any event of default or condition to an event of default with respect thereto (other than to eliminate any such event of default or increase any grace period related thereto), change the redemption, prepayment or defeasance provisions thereof, change the subordination provisions of such Subordinated Indebtedness or any guaranty of any Subordinated Indebtedness or Senior Notes), or if the effect of such amendment or change, together with all other amendments or changes made, is to increase materially the obligations of the obligor thereunder or to confer any additional rights on the holders of such Subordinated Indebtedness (or a trustee or other representative on their behalf) which would be materially adverse to Holdings, Company or Lenders.
Amendments of Documents. Except as otherwise provided in the Credit Agreement or the Second Lien Loans, documents entered into in connection with the Credit Agreement or the Second Lien Loans may be amended, supplemented or otherwise modified, and the Credit Agreement and the Second Lien Loans may be refinanced, in each case without the consent of the Administrative Agent, the Secured Parties, any Second Lien Representative or any holder of the Second Lien Loans; provided, (a) that a Senior Representative of the holders of any refinancing debt shall bind itself in writing to the terms of the Intercreditor Agreement and (b) no such amendment, waiver, increase, extension, renewal, replacement or refinancing shall shorten the maturity of a Second Lien Loan. Notwithstanding the foregoing, no security document entered into in connection with the Credit Agreement or the Second Lien Loans may be amended, supplemented or otherwise modified to the extent such amendment, supplement or modification would contravene any of the terms of the Intercreditor Agreement. In the event that any Security Document with respect to the Collateral is amended, waived or otherwise modified for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any of the Security Documents or changing in any manner the rights of any parties thereunder, then such amendment, waiver or modification shall apply automatically to any comparable provision of any comparable security document with respect to the Second Lien Loans. Exhibit C
Amendments of Documents. Without the prior written consent of Agent, no Borrower shall amend or modify its articles of incorporation (other than amendments necessary in connection with the issuance of equity interests permitted by Section 8(n), but only to the extent that any such amendment is not materially adverse to Agent or any Lender and Agent has received prior written notice of such amendment), by-laws or other constituent documents, any note, instrument or agreement in connection with any Subordinated Debt (except to the extent permitted by the definition of Permitted Indebtedness), or the Term Loan Agreement (except to the extent permitted by the Intercreditor Agreement)
Amendments of Documents. 43 Section 7.13
Amendments of Documents. Modify, amend, supplement or terminate, or agree to modify, amend, supplement or terminate, its certificate of incorporation or by-laws, or any of the subordinated notes or other agreements or evidences of indebtedness covered by the Subordination Agreement where result thereof is to cause a Material Adverse Effect.
