Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness in any respect which would materially adversely affect the rights or interests of the Administrative Agent and Lenders hereunder.
(b) Cancel, forgive, make any payment or prepayment on, or redeem or acquire for value (including, without limitation, (i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due and (ii) at the maturity thereof) any Subordinated Indebtedness, except refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by Section 10.1(i).
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness in any respect which, when taken as a whole, would materially adversely affect the rights or interests of the Administrative Agent and Lenders hereunder, it being agreed that amendments or modifications expressly permitted under the terms of any applicable subordination agreement or provision shall not materially adversely affect the rights or interests of the Administrative Agent and the Lenders.
(b) Make any payment or prepayment on, or redeem or acquire for value (including, without limitation, (i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due and (ii) at the maturity thereof) any Subordinated Indebtedness, except (x) to the extent not prohibited by the terms of the applicable subordination agreement and (y) refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by Section 10.1(f).
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness in any manner adverse in any material respect to the rights and interests of the Lenders, or cancel or forgive, make any voluntary or optional payment or prepayment on, or redeem or acquire for value (including, without limitation, by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due) any Subordinated Indebtedness, other than as permitted by Section 10.6.
(b) Make any voluntary or optional prepayment on, or redeem or acquire for value (including, without limitation, by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due) any Restricted Indebtedness; provided that, so long as no Default or Event of Default shall have occurred and be continuing at the time of or after giving effect to such transactions:
(i) the Borrower or any Subsidiary thereof may make any such prepayment of Restricted Indebtedness that matures prior to the Revolving Credit Maturity Date;
(ii) the Borrower or any Subsidiary thereof may make any such prepayment of Indebtedness under any revolving credit facility, revolving line of credit or similar arrangement;
(iii) the Borrower or any Subsidiary thereof may make any such prepayment of Restricted Indebtedness with excess cash not required for working capital or for the satisfaction of mandatory payment obligations (provided that (A) neither the Borrower nor any Subsidiary thereof shall incur additional Indebtedness (including under this Agreement) to make any such voluntary or optional prepayment of such Restricted Indebtedness and (B) there shall be no outstanding Extensions of Credit under this Agreement (other than L/C Obligations then outstanding in an aggregate amount not to exceed $100,000,000) at the time of such prepayment); and
(iv) the Borrower or any Subsidiary thereof may make any such prepayment of Restricted Indebtedness with the proceeds of Indebtedness incurred to refinance such Restricted Indebtedness (“Refinancing Indebtedness”) so long as such Refinancing Indebtedness (A) either (1) matures after the Revolving Credit Maturity Date or (2) has a weighted average life to maturity not less than that of the Indebtedness being refinanced and (B) contains terms and conditions in respect of mandatory prepayment or redemption events and events of default and prior...
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness in any respect which would materially adversely affect the rights or interests of the Administrative Agent and Lenders hereunder.
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness.
(b) Cancel, forgive, make any payment or prepayment on, or redeem or acquire for value (including, without limitation, (i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due and (ii) at the maturity thereof) any Subordinated Indebtedness, except refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by Section 10.1(j).
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Not amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness without the consent of the COFACE Agent and the Lenders.
(b) Not cancel, forgive, make any payment or prepayment on, or redeem or acquire for value including, without limitation:
(i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paving when due; and
(ii) at the maturity thereof any Subordinated Indebtedness, except refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by Clause 22.1 (Limitations on Financial Indebtedness).
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Not amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness without the consent of the BPIFAE Agent and the Lenders.
(b) Other than in respect of a Permitted Second Lien Payment (as such term is defined in the Second Lien Intercreditor Agreement), not cancel, forgive, make any payment or prepayment on, or redeem or acquire for value including, without limitation:
(i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paving when due; and
(ii) at the maturity thereof any Subordinated Indebtedness, except refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by Clause 22.1 (Limitations on Financial Indebtedness).
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness.
(b) Cancel, forgive, make any payment or prepayment on, or redeem or acquire for value (including, without limitation, (i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due and (ii) at the maturity thereof) any Subordinated Indebtedness, except:
(A) refinancings, refundings, renewals, extensions or exchange of any Subordinated Indebtedness permitted by SECTION 8.03(c)(ii); and
(B) the payment of regularly scheduled interest (it being acknowledged that with respect to this clause (B), interest payments that may be paid in cash, paid in kind or capitalized, in each case at the option of the Borrower, shall be deemed to be regularly scheduled payments of interest) and customary liquidated damages for failure to timely provide registered securities, in each case as and when due in respect of Subordinated Indebtedness incurred in compliance with SECTION 8.03(c), other than, in the case of this clause (B), any such payments, purchases or other acquisitions of Subordinated Indebtedness prohibited by the subordination provisions thereof.
Amendments; Payments and Prepayments of Subordinated Indebtedness. Not amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness without the consent of the COFACE Agent and the Lenders. Americas 90643250 126
Amendments; Payments and Prepayments of Subordinated Indebtedness. (a) Amend or modify (or permit the modification or amendment of) any of the terms or provisions of any Subordinated Indebtedness in any respect which would materially adversely affect the rights or interests of the Administrative Agent and Lenders hereunder;
(b) Amend, supplement or otherwise modify (or permit the modification or amendment of) any of the terms or provisions of any MDVX Loan Document in any respect which would (i) increase the principal amount of, or the interest rate attributable to, the MDVX Indebtedness, (ii) increase or otherwise modify the collateral securing the MDVX Indebtedness, (iii) shorten the maturity of the MDVX Indebtedness, (iv) increase the interest rate on, or the rate of amortization of, the MDVX Indebtedness or (v) otherwise adversely affect any of the rights or interests of the Administrative Agent and the Lenders as determined in their sole discretion;
(c) Cancel, forgive, make any payment or prepayment on, or redeem, repurchase or acquire for value (including, without limitation, (i) by way of depositing with any trustee with respect thereto money or securities before due for the purpose of paying when due and (ii) at the maturity thereof) any Subordinated Indebtedness; or
(i) Amend, supplement or otherwise modify (pursuant to a waiver or otherwise) the terms and conditions of the indemnities and licenses furnished to the Borrower or any of its Subsidiaries pursuant to the Acquisition Documents or any other document delivered in connection therewith such that after giving effect thereto such indemnities or licenses shall be materially less favorable to the interests of the Credit Parties or the Lenders with respect thereto or (ii) otherwise amend, supplement or otherwise modify the terms and conditions of any of the Acquisition Documents or any such other documents except for any such amendment, supplement or modification that (A) becomes effective after the Closing Date and (B) could not reasonably be expected to have a Material Adverse Effect.
