Common use of Amendments of Documents Relating to other Indebtedness Clause in Contracts

Amendments of Documents Relating to other Indebtedness. Borrowers shall not, and shall not permit any of their Subsidiaries to, amend or otherwise change the terms of any Financing Agreements (other than the Loan Documents) or permit the termination thereof (other than in accordance with the terms thereof), or enter into any new Financing Agreements 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 or fees on such Other Indebtedness, 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 or otherwise change such event of default in a manner more favorable to the Borrower or such Subsidiary than the existing event of default), change the commitment thereunder, 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 materially the obligations of the obligor thereunder or to confer any additional rights on the holders of the Indebtedness or obligations evidenced thereby (or a trustee or other representative on their behalf) which would be materially adverse to Borrowers, such Subsidiary or Lenders, provided, that (i) Borrowers may modify the terms of the Interim Mall Credit Facility or any agreement relating thereto to the extent expressly permitted by the Intercreditor Agreement, (ii) Borrowers may amend the terms of any other Financing Agreement solely to increase the principal amount thereof to the extent expressly permitted by the Intercreditor Agreement and (iii) Borrowers may enter into an Approved Equipment Funding Commitment to the extent permitted by the definition of such term and may amend, supplement or terminate an existing Approved Equipment Funding Commitment for the purpose of replacing all or a portion of it with such new Approved Equipment Funding Commitment.

Amendments of Documents Relating to other Indebtedness. Borrowers shall not, and shall not permit any of their Subsidiaries to, amend or otherwise change the terms of any Financing Agreements (other than the Loan Documents) or permit the termination thereof (other than in accordance with the terms thereof), or enter into any new Financing Agreements 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 or fees on such Other Indebtedness, 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 or otherwise change such event of default in a manner more less favorable to the Borrower or such Subsidiary than the existing event of default), change the commitment thereunder, 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 materially the obligations of the obligor thereunder or thereunder, to confer any additional rights on the holders of the such Other Indebtedness or obligations evidenced thereby (or a trustee or other representative on their behalf) which would be materially adverse to Borrowers, such Subsidiary or LendersLender, provided, that Borrowers may (i) Borrowers may modify the terms of the Interim Mall Credit Facility or any agreement relating thereto to the extent expressly permitted by the Intercreditor Agreement, (ii) Borrowers may amend the terms of any other Financing Agreement solely to increase the principal amount thereof to the extent expressly permitted by the Intercreditor Agreement and (iii) Borrowers may enter into an new Approved Equipment Funding Commitment Commitments to the extent permitted by the definition of such term and may amend, supplement or terminate an existing Approved Equipment Funding Commitment for the purpose of replacing all or a portion of it with such new Approved Equipment Funding CommitmentCommitment and (ii) modify the terms of any Financing Agreement or agreement relating thereto to the extent expressly permitted by the Intercreditor Agreement.

Amendments of Documents Relating to other Indebtedness. Borrowers shall not, and Company shall not permit any of their Subsidiaries to, amend or otherwise change, or consent to any amendment or change to, the terms of any Financing Agreements (other than the Loan Documents) 2009 Senior Notes, any Permitted Junior Priority Refinancing Debt, any Permitted Unsecured Refinancing Debt or permit the termination thereof (other than in accordance with the terms thereof)Subordinated Indebtedness, or enter into any new Financing Agreements or make any payment consistent with an amendment thereof or change thereto, if the effect of such amendment or change is to (i) increase the interest rate or fees on such Other Indebtedness2009 Senior Notes, any Permitted Junior Priority Refinancing Debt, any Permitted Unsecured Refinancing Debt or Subordinated Indebtedness (other than with respect to interest payable in kind so long as Company would be in compliance on a Pro Forma Basis after giving effect to the interest payable in kind with the covenant in Section 7.6), (ii) change (to earlier dates) any dates upon which payments of principal or interest are due thereon, (iii) change any event of default or condition to an event of default with respect thereto (other than the waiver of any such default by the holders of such 2009 Senior Notes, Permitted Junior Priority Refinancing Debt, any Permitted Unsecured Refinancing Debt or Subordinated Indebtedness, to eliminate any such event of default or increase any grace period related thereto or otherwise change such event of default in a manner more favorable to the Borrower or such Subsidiary than the existing event of defaultthereto), change the commitment thereunder, (iv) change the redemption, prepayment or defeasance provisions thereof, (v) change the any subordination provisions thereof (or of any guaranty thereofthereof or guaranty requirements with respect thereto other than to release such guaranty), (vi) change or change add any collateral therefor (other than to release such collateral), (vii) add any financial maintenance covenant thereto, or if the effect of such amendment or change, (viii) together with all other amendments or changes made, is to increase materially the obligations of the obligor thereunder or to confer any material additional rights on the holders of the such 2009 Senior Notes, any Permitted Junior Priority Refinancing Debt, any Permitted Unsecured Refinancing Debt or Subordinated Indebtedness or obligations evidenced thereby (or a trustee or other representative on their behalf) which would be materially adverse to Borrowers, such Subsidiary Company or Lenders, provided, that Lenders (i) Borrowers may modify the terms of the Interim Mall Credit Facility or any agreement relating thereto to the extent expressly permitted as determined by the Intercreditor Agreement, (ii) Borrowers may amend the terms of any other Financing Agreement solely to increase the principal amount thereof to the extent expressly permitted by the Intercreditor Agreement and (iii) Borrowers may enter into an Approved Equipment Funding Commitment to the extent permitted by the definition of such term and may amend, supplement or terminate an existing Approved Equipment Funding Commitment for the purpose of replacing all or a portion of it with such new Approved Equipment Funding CommitmentAdministrative Agent in its reasonable judgment).

Amendments of Documents Relating to other Indebtedness. The Borrowers shall not, and shall not permit any of their Subsidiaries to, amend or otherwise change the terms of any Financing Agreements (other than the Loan Documents) or permit the termination thereof (other than in accordance with the terms thereof), or enter into any new Financing Agreements 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 or fees on such Other Indebtedness, change (to earlier dates) any dates upon which payments of principal or interest are due thereonthereon or reduce the weighted average life to maturity (as determined with reference to scheduled amortization payments) of the aggregate Indebtedness of the Borrowers under the Financing Agreements (either outstanding or available to be borrowed under the respective commitments of the lenders under such Financing Agreements), 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 condition to an event of default or to increase any grace period related thereto or otherwise change such event of default in a manner more favorable to the Borrower or such Subsidiary than the existing event of default), change the any commitment thereunder, change the redemption, prepayment 118 or defeasance provisions provision 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 materially the obligations of the obligor thereunder or to confer any additional rights on the holders of the such Other Indebtedness or other obligations evidenced thereby (or a trustee or other representative on their behalf) which would be materially adverse to Borrowers, such Subsidiary or the Lenders, provided, provided that (i) the Borrowers may modify the terms of the Interim Mall Credit Facility Agreement or any agreement relating thereto related thereto, to the extent expressly permitted by the Credit Parties Intercreditor Agreement, (ii) Borrowers may enter into any replacement, refinancing or substitution of the Bank Credit Agreement consistent with the foregoing provisions and the provision of section 6.8(l), and may amend the terms of any other Financing Agreement solely to increase the principal amount thereof to the extent expressly permitted by the Credit Parties Intercreditor Agreement and sections 6.3(m), (iiin) Borrowers may enter into an Approved Equipment Funding Commitment to the extent permitted by the definition of such term and may amend, supplement or terminate an existing Approved Equipment Funding Commitment for the purpose of replacing all or a portion of it with such new Approved Equipment Funding Commitment(o) hereof.

Amendments of Documents Relating to other Indebtedness. The Borrowers shall not, and shall not permit any of their Restricted Subsidiaries to, amend or otherwise change the terms of any Financing Agreements of the Mortgage Notes Documents (other than with respect to the Loan DocumentsAdditional Notes) or the documents relating to the Permitted Subordinated Indebtedness or permit the termination thereof (other than in accordance with the terms thereof), or enter into any new Financing Agreements or make any payment consistent with an amendment thereof or change thereto, if (a) with respect to the Mortgage Notes Documents, the effect of such amendment or change is to increase the interest rate or fees on such Other Indebtedness, 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 or otherwise change such event of default in a manner more favorable to the such Borrower or such Restricted Subsidiary than the existing event of default), change the commitment thereunder, change the redemption, prepayment or defeasance redemption provisions thereofthereof (in a manner favorable to the Mortgage), change the subordination provisions thereof (or of any guaranty thereof), or change any collateral therefor (other than to release such collateral), or (b) with respect to the Mortgage Notes Documents or the documents relating to the Permitted Subordinated Indebtedness, 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 the Indebtedness or obligations evidenced thereby (or a trustee or other representative on their behalf) which would be materially adverse to the Borrowers, such Restricted Subsidiary or the Lenders, provided, that (i) Borrowers may modify the terms of the Interim Mall Credit Facility or any agreement relating thereto to the extent expressly permitted by the Intercreditor Agreement, (ii) Borrowers may amend the terms of any other Financing Agreement solely to increase the principal amount thereof to the extent expressly permitted by the Intercreditor Agreement and (iii) Borrowers may enter into an Approved Equipment Funding Commitment to the extent permitted by the definition of such term and may amend, supplement or terminate an existing Approved Equipment Funding Commitment for the purpose of replacing all or a portion of it with such new Approved Equipment Funding Commitment.