Common use of Amendments of Documents Clause in Contracts

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. Relating to Subordinated IndebtednessRELATING TO SUBORDINATED INDEBTEDNESS, the Assumed Guaranties and the Customer Notes Related to the Assumed GuarantiesTHE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. No Except as may be permitted by subsection 7.5, 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 Guaranty and the RGS Customer Notes related to the Assumed Guaranties Guaranty 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 Guaranty or such RGS 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 Guaranty or such RGS Customer Notes (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lenders.

Amendments of Documents. Relating to Subordinated IndebtednessRELATING TO SENIOR INDEBTEDNESS AND SUBORDINATED INDEBTEDNESS. Company shall not, the Assumed Guaranties and the Customer Notes Related to the Assumed Guaranties. No Borrower shall nor shall any Borrower not permit any of its Subsidiaries to, amend or otherwise change the terms of any Subordinated of the Senior Indebtedness, the Assumed Guaranties and Senior Subordinated Notes, the Customer Notes related to Smitty's Sinking Fund Bond Indenture, or the Assumed Guaranties or any agreement related thereto or any guaranty entered into by any Loan Party in connection therewithSenior Subordinated Note Indenture (collectively, "RESTRICTED 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 on any such Subordinated Indebtedness, such Assumed Guaranties or such Customer NotesRestricted Agreements, 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 Company 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 Borrowerthereto, change the redemption, prepayment or defeasance provisions thereof, change the subordination provisions (if any) 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 any such Subordinated Indebtedness, such Assumed Guaranties or such Customer Notes Restricted Agreements (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lenders. Notwithstanding the foregoing, nothing herein shall preclude Company from purchasing and holding securities evidencing Indebtedness incurred by the Owner Trustee in connection with the acquisition by the Owner Trustee of Related Assets as permitted pursuant to subsection 7.3(xiii).

Amendments of Documents. Relating As to Subordinated Indebtednessthe Borrower or any Restricted Subsidiary, modify, amend, supplement or terminate, or agree to modify, amend, supplement or terminate, its certificate of incorporation (except, with respect to the Borrower or a Restricted Subsidiary and to the extent permitted hereunder, in connection with the issuance of capital stock of the Borrower or a Restricted Subsidiary pursuant to a public offering or private placement of such securities; PROVIDED, THAT reasonably prior to the effectiveness of any such amendment, the Assumed Guaranties and the Customer Notes Related Borrower shall deliver a copy of such amendment to the Assumed Guaranties. No Borrower shall nor shall any Borrower permit any of its Subsidiaries toAgent) or by-laws; or modify, 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 therewithsupplement, or make agree to modify, amend or supplement, any payment consistent with an amendment thereof or change thereto, Senior Note Document if the effect of such amendment amendment, modification or change supplement is to increase the principal amount of the Senior 1995 Notes or the Senior 1996 Notes, increase the interest rate on such Subordinated Indebtedness, such Assumed Guaranties the Senior 1995 Notes or such Customer the Senior 1996 Notes, change any (to earlier dates) the dates upon which payments of principal or interest are due thereonon the Senior 1995 Notes or the Senior 1996 Notes, change shorten the amortization schedule on the Senior 1995 Notes or the Senior 1996 Notes, alter any default, event of the covenants default or condition thereto with respect to the Senior Note Documents or the remedies applicable thereto in a manner which is more restrictive would be adverse to such Borrower the Borrower, its Subsidiaries or, in the Agent's determination, to the Banks, grant any security interest in favor of the holders of the Senior 1995 Notes or any of its Subsidiariesthe Senior 1996 Notes, change any event the redemption provisions of default or condition to an event of default with respect thereto the Senior Note Documents in a manner which is more restrictive which, in the Agent's determination, would be adverse to such Borrowerthe Banks, 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 changeor, together with all other amendments amendments, modifications or changes madesupplements made to the Senior Note Documents, is to would increase materially the obligations of the obligor thereunder Borrower under the Senior Note Documents or to confer any additional rights on the holders of such Subordinated Indebtedness, such Assumed Guaranties the Senior 1995 Notes or such Customer the Senior 1996 Notes (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lendersthe Borrower, its Subsidiaries or, in the Agent's determination, the Banks.

Amendments of Documents. Relating As to Subordinated Indebtednessthe Borrower or any Restricted Subsidiary, modify, amend, supplement or terminate, or agree to modify, amend, supplement or terminate, its certificate of incorporation (except, with respect to the Borrower or a Restricted Subsidiary and to the extent permitted hereunder, in connection with the issuance of capital stock of the Borrower or a Restricted Subsidiary pursuant to a public offering or private placement of such securities; PROVIDED, THAT reasonably prior to the effectiveness of any such amendment, the Assumed Guaranties and the Customer Notes Related Borrower shall deliver a copy of such amendment to the Assumed Guaranties. No Borrower shall nor shall any Borrower permit any of its Subsidiaries toAdministrative Agent) or by-laws; or modify, 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 therewithsupplement, or make agree to modify, amend or supplement, any payment consistent with an amendment thereof or change thereto, Senior Note Document if the effect of such amendment amendment, modification or change supplement is to increase the principal amount of the Senior 1995 Notes or the Senior 1996 Notes, increase the interest rate on such Subordinated Indebtedness, such Assumed Guaranties the Senior 1995 Notes or such Customer the Senior 1996 Notes, change any (to earlier dates) the dates upon which payments of principal or interest are due thereonon the Senior 1995 Notes or the Senior 1996 Notes, change shorten the amortization schedule on the Senior 1995 Notes or the Senior 1996 Notes, alter any default, event of the covenants default or condition thereto with respect to the Senior Note Documents or the remedies applicable thereto in a manner which is more restrictive would be adverse to such Borrower the Borrower, its Subsidiaries or, in the Administrative Agent's determination, to the Lenders, grant any security interest in favor of the holders of the Senior 1995 Notes or any of its Subsidiariesthe Senior 1996 Notes, change any event the redemption provisions of default or condition to an event of default with respect thereto the Senior Note Documents in a manner which is more restrictive which, in the Administrative Agent's determination, would be adverse to such Borrowerthe Lenders, 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 changeor, together with all other amendments amendments, modifications or changes madesupplements made to the Senior Note Documents, is to would increase materially the obligations of the obligor thereunder Borrower under the Senior Note Documents or to confer any additional rights on the holders of such Subordinated Indebtedness, such Assumed Guaranties the Senior 1995 Notes or such Customer the Senior 1996 Notes (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or the Borrower, its Subsidiaries or, in the Administrative Agent's determination, the Lenders.

Amendments of Documents. Relating to Subordinated IndebtednessRELATING TO SENIOR INDEBTEDNESS AND SUBORDINATED INDEBTEDNESS. Company shall not, the Assumed Guaranties and the Customer Notes Related to the Assumed Guaranties. No Borrower shall nor shall any Borrower not permit any of its Subsidiaries to, amend or otherwise change the terms of any Subordinated of the Senior Indebtedness, the Assumed Guaranties and Senior Subordinated Notes, the Customer Notes related to Existing Smitty's Subordinated Notes, the Assumed Guaranties Existing Smitty's Discount Debentures, the Senior Debt Indentures, the Senior Subordinated Note Indenture, the Existing Smitty's Subordinated Note Indenture or any agreement related thereto or any guaranty entered into by any Loan Party in connection therewiththe Existing Smitty's Discount Debenture Indenture (collectively, "RESTRICTED 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 on any such Subordinated Indebtedness, such Assumed Guaranties or such Customer NotesRestricted Agreements, 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 161 169 Company 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 Borrowerthereto, change the redemption, prepayment or defeasance provisions thereof, change the subordination provisions (if any) 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 any such Subordinated Indebtedness, such Assumed Guaranties or such Customer Notes Restricted Agreements (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lenders.

Amendments of Documents. Relating to Subordinated IndebtednessRELATING TO SUBORDINATED INDEBTEDNESS. Except as permitted by subsection 7.1(viii) or 7.1(ix), the Assumed Guaranties and the Customer Notes Related to the Assumed Guaranties. No Borrower shall neither Holdings nor shall any Borrower shall, and each shall not permit any of its their respective 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 (to earlier dates) 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 (other than to eliminate any such Borrowerevent of default or increase any grace period related thereto), 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 such Subordinated Indebtedness, such Assumed Guaranties or such Customer Notes Indebtedness (or a trustee or other representative on their behalf) which would be adverse to Holdings, any Loan Party Borrower, any of their respective Subsidiaries or Lenders; provided, however, that Holdings and the Company may amend the Convertible Subordinated Note Indenture to provide for the Subordinated Holdings Guaranty, pursuant to documentation in form and substance reasonably satisfactory to the Administrative Agent."