Common use of Amendments of Documents Clause in Contracts

Amendments of Documents. RELATING TO SUBORDINATED INDEBTEDNESS, THE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. 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 Guaranty and the RGS Customer Notes related to the Assumed 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 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 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 INDEBTEDNESSAs to the Borrower or any Restricted Subsidiary, THE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. Except as may be 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 by subsection 7.5hereunder, no 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 Borrower shall nor shall any Borrower permit any deliver a copy of its Subsidiaries tosuch amendment to the Administrative Agent) or by-laws; or modify, amend or otherwise change the terms of any Subordinated Indebtedness, the Assumed Guaranty and the RGS Customer Notes related to the Assumed Guaranty 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 Guaranty the Senior 1995 Notes or such RGS 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 Guaranty the Senior 1995 Notes or such RGS 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 INDEBTEDNESSAs to the Borrower or any Restricted Subsidiary, THE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. Except as may be 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 by subsection 7.5hereunder, no 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 Borrower shall nor shall any Borrower permit any deliver a copy of its Subsidiaries tosuch amendment to the Agent) or by-laws; or modify, amend or otherwise change the terms of any Subordinated Indebtedness, the Assumed Guaranty and the RGS Customer Notes related to the Assumed Guaranty 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 Guaranty the Senior 1995 Notes or such RGS 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 Guaranty the Senior 1995 Notes or such RGS 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 TO SUBORDINATED INDEBTEDNESSRelating to Subordinated Indebtedness, THE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. Except as may be permitted by subsection 7.5-------------------------------------------------------------- etc. (i) Credit Agreement Parties shall not, no Borrower and shall nor shall any Borrower not permit any of its their ------ respective Subsidiaries to, amend or otherwise change the terms of any Subordinated Indebtedness, the Assumed Guaranty and the RGS Customer Notes related to the Assumed 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 Guaranty or such RGS 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 of such Subordinated Indebtedness (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 Guaranty or such RGS Customer Notes Indebtedness (or a trustee or other representative on their behalf) which would reasonably be expected to be materially adverse to any Loan Party or Lenders. (ii) Credit Agreement Parties shall not, and shall not permit any of their respective Subsidiaries to, amend or otherwise change the terms of any Cumulative Preferred Stock Document, or make any payment consistent with an amendment thereof or change thereto, if the effect of such amendment or change is to increase the dividend rate on the Cumulative Preferred Stock, change (to earlier dates) any dates upon which dividends 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 provisions thereof, or if the effect of such amendment or change, together with all other amendments or changes made, is to confer any additional rights on the holders of such Cumulative Preferred Stock which would reasonably be expected to be materially adverse to any Loan Party or Lenders.

Amendments of Documents. RELATING TO SENIOR INDEBTEDNESS AND SUBORDINATED INDEBTEDNESS. Company shall not, THE ASSUMED GUARANTY AND THE RGS CUSTOMER NOTES RELATED TO THE ASSUMED GUARANTY. Except as may be permitted by subsection 7.5, no Borrower and 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 Guaranty and Senior Subordinated Notes, the RGS Customer Notes related to Existing Smitty's Subordinated Notes, the Assumed Guaranty 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 Guaranty or such RGS 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 Guaranty or such RGS Customer Notes Restricted Agreements (or a trustee or other representative on their behalf) which would be adverse to any Loan Party or Lenders.