Common use of Amendments or Waivers of Certain Related Agreements Clause in Contracts

Amendments or Waivers of Certain Related Agreements. Neither Company nor any of its Subsidiaries will agree to any amendment to, or request any waiver of (other than a waiver for which no fee is paid and no other concessions or considerations are granted by Company or its Subsidiaries), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders to such amendment, request or waiver and giving notice to Arranger. Notwithstanding the foregoing, Company and its Subsidiaries may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite Lenders, than the provisions of the Related Agreements as in effect on the Restatement Effective Date (for the purposes of this subsection 6.15, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Notes or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.

Amendments or Waivers of Certain Related Agreements. Neither Company nor any Other than in connection with the confirmation of its a Conforming Plan, no Loan Party shall, shall permit their Subsidiaries will to, or shall apply to the Bankruptcy Court for authority to, agree to any amendment to, or request any material waiver of (other than a waiver for which no fee is paid and no other concessions or considerations consideration are granted by Company or its SubsidiariesLoan Party), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders (and giving notice to Syndication Agent) to such amendment, request or waiver and giving notice to Arrangerwaiver. Notwithstanding the foregoing, Company and its Subsidiaries the Loan Parties may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, amended or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite LendersAgent, than the provisions of the Related Agreements as in effect on the Restatement Effective Closing Date (for the purposes of this subsection 6.157.13, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Subordinated Notes or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.

Amendments or Waivers of Certain Related Agreements. Neither Company BCC nor any of its Subsidiaries will agree to any amendment to, or request any waiver of (other than a waiver for which no fee is paid and no other concessions or considerations are granted by Company BCC or its SubsidiariesCompany), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders to such amendment, request or waiver and giving notice to Arrangerwaiver. Notwithstanding the foregoing, Company BCC and its Subsidiaries may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite Lenders, than the provisions of the Related Agreements as in effect on the Restatement Effective Acquisition Date (for the purposes of this subsection 6.156.14, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Notes or the Subordinated Indebtedness or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.107

Amendments or Waivers of Certain Related Agreements. Neither Company nor any of its Subsidiaries will agree to any amendment to, or request any waiver of (other than a waiver for which no fee is paid and no other concessions or considerations are granted by Company or its SubsidiariesCompany), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders to such amendment, request or waiver (such consent not to be unreasonably withheld) and the giving of prior written notice to ArrangerArranging Agent. Notwithstanding the -98- 106 foregoing, Company and its Subsidiaries may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite Lenders, than the provisions of the Related Agreements as in effect on the Restatement Effective Closing Date (for the purposes of this subsection 6.157.14, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Secured Notes or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.

Amendments or Waivers of Certain Related Agreements. Neither Company Holdings nor any of its Subsidiaries will shall agree to any material amendment to, or request any material waiver of (other than a waiver for which no fee is paid and no other concessions or considerations consideration are granted by Company Holdings or its SubsidiariesBorrower), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders (and giving notice to Arranging Agent) to such amendment, request or waiver and giving notice to Arrangerwaiver. Notwithstanding the foregoing, Company Holdings and its Subsidiaries may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite Lenders, than the provisions of the Related Agreements as in effect on the Restatement Effective Date Closing (for the purposes of this subsection 6.157.13, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Subordinated Notes or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.

Amendments or Waivers of Certain Related Agreements. Neither Company nor any of its Subsidiaries will agree to any amendment to, or request any waiver of (other than a waiver for which no fee is paid and no other concessions or considerations are granted by Company or its Subsidiaries), or waive any of their respective rights under, any of the Related Agreements (other than any amendment or waiver described in the next succeeding sentence) without in each case obtaining the prior written consent of Administrative Agent and Requisite Lenders to such amendment, request or waiver and giving notice to Arranger. Notwithstanding the foregoing, Company and its Subsidiaries may agree to amend or waive any provisions of the Related Agreements (i) to cure any ambiguity, to correct or supplement any provision therein which may be defective or inconsistent with any other provision therein, or (ii) to comply with the Trust Indenture Act of 1939, as amended, or (iii) to make modifications of a technical or clarifying nature or which are no less favorable to the Lenders, in the reasonable opinion of Administrative Agent and Requisite Lenders, than the provisions of the Related Agreements as in effect on the Restatement Effective Closing Date (for the purposes of this subsection 6.15, any amendment, modification or change which would extend the maturity or reduce the amount of any payment of principal on the Existing Senior Notes or which would reduce the rate or extend the date for payment of interest thereon, provided that no fee is payable in connection therewith, shall be deemed to be an amendment, modification or change that is no less favorable to the Lenders). Neither Company, Finance Sub nor any Restricted Subsidiary shall agree to any amendment or any waiver of any of the Intercompany Loan Documents without the prior written consent of Requisite Lenders.