Common use of Amendments; Refinancings Clause in Contracts

Amendments; Refinancings. (a) Subject to the limitations, if any, set forth in this Agreement, in the event the First Lien Lender or the other First Lien Claimholders enter into any amendment, waiver or consent in respect of any of the First Lien Collateral Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any such document or changing in any manner the rights of the First Lien Lender, the other First Lien Claimholders, the Issuer or any other Guarantor, then such amendment, waiver or consent will apply automatically to any comparable provision of the Second Lien Collateral Documents without the consent of the Second Lien Claimholders and without any action by any of the foregoing; provided, that, except to the extent as may be expressly provided otherwise hereunder, no such amendment will (A) remove or release any Collateral subject to a Lien of the Second Lien Trustee other than to the extent that (x) such release is permitted or required under Sections 5.1 or 6 and (y) there is a corresponding release of Collateral from the Lien of the First Lien Lender, (B) materially and adversely affect the rights of the Second Lien Claimholders without the consent of the Second Lien Trustee, unless it also affects the First Lien Claimholders in a like or similar manner, or (C) impose duties on the Second Lien Trustee, without its consent. Notice of such amendment, waiver or consent will be given to the Second Lien Trustee by First Lien Lender no later than 30 days after its effectiveness, provided that the failure to give such notice will not affect the effectiveness and validity thereof.

Amendments; Refinancings. (a) Subject to the limitations, if any, set forth in this Agreement, in the event the First Lien Lender Agent or the other First Lien Claimholders enter into any amendment, waiver or consent in respect of any of the First Lien Collateral Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any such document or changing in any manner the rights of the First Lien LenderAgent, the other First Lien Claimholders, the Issuer or any other Guarantor, then such amendment, waiver or consent will apply automatically to any comparable provision of the Second Lien Collateral Documents without the consent of the Second Lien Claimholders and without any action by any of the foregoing; provided, that, except to the extent as may be expressly provided otherwise hereunder, no such amendment will (A) remove or release any Collateral subject to a Lien of the Second Lien Trustee other than to the extent that (x) such release is permitted or required under Sections Section 5.1 or Section 6 and (y) there is a corresponding release of Collateral from the Lien of the First Lien LenderAgent, (B) materially and adversely affect the rights of the Second Lien Claimholders without the consent of the Second Lien TrusteeTrustee (which consent shall be given upon the direction of the Second Lien Claimholders in accordance with the Second Lien Indenture), unless it also affects the First Lien Claimholders in a like or similar manner, or (C) impose duties on the Second Lien Trustee, without its consent. Notice of such amendment, waiver or consent will be given to the Second Lien Trustee by First Lien Lender Agent no later than 30 days after its effectiveness, provided that the failure to give such notice will not affect the effectiveness and validity thereof.

Amendments; Refinancings. (a) Subject to the limitations, if any, set forth in this Agreement, in the event the First Lien Lender Agent or the other First Lien Claimholders enter into any amendment, waiver or consent in respect of any of the First Lien Collateral Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any such document or changing in any manner the rights of the First Lien LenderAgent, the other First Lien Claimholders, the Issuer Borrower or any other Guarantor, then such amendment, waiver or consent will apply automatically to any comparable provision of the Second Lien Collateral Documents without the consent of the Second Lien Claimholders and without any action by any of the foregoing; provided, that, except to the extent as may be expressly provided otherwise hereunder, no such amendment will (A) remove or release any Collateral subject to a Lien of the Second Lien Trustee other than to the extent that (x) such release is permitted or required under Sections Section 5.1 or Section 6 and (y) there is a corresponding release of Collateral from the Lien of the First Lien LenderAgent, (B) materially and adversely affect the rights of the Second Lien Claimholders without the consent of the Second Lien TrusteeTrustee (which consent shall be given upon the direction of the Second Lien Claimholders in accordance with the Second Lien Indenture), unless it also affects the First Lien Claimholders in a like or similar manner, or (C) impose duties on the Second Lien Trustee, without its consent. Notice of such amendment, waiver or consent will be given to the Second Lien Trustee by First Lien Lender Agent no later than 30 days after its effectiveness, provided that the failure to give such notice will not affect the effectiveness and validity thereof.

Amendments; Refinancings. (a) Subject to Each Fixed Asset Collateral Agent, for itself and on behalf of the limitationsother Fixed Asset Claimholders represented by it, if anyacknowledges and agrees that the Revolving Loan Documents may be amended, set forth restated, amended and restated, supplemented, or otherwise modified in accordance with their terms (or replaced in connection with a Refinancing of the Revolving Obligations (or portions thereof)) and the Revolving Obligations may be Refinanced, in each case without notice to, or the consent of, the Fixed Asset Collateral Agents or the other Fixed Asset Claimholders, all without affecting the lien subordination or other provisions of this Agreement; provided, however, that, in the event the First Lien Lender or the other First Lien Claimholders enter into any amendmentcase of a Refinancing, waiver or consent in respect of any of the First Lien Collateral Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any such document or changing in any manner the rights of the First Lien Lender, the other First Lien Claimholders, the Issuer or any other Guarantor, then such amendment, waiver or consent will apply automatically to any comparable provision of the Second Lien Collateral Documents without the consent of the Second Lien Claimholders and without any action by any of the foregoing; provided, that, except to the extent as may be expressly provided otherwise hereunder, no such amendment will (A) remove or release any Collateral subject to a Lien of the Second Lien Trustee other than to the extent that (x) the holders of such release Refinancing Indebtedness (if such Refinancing Indebtedness is intended to be (and under the Fixed Asset Documents is permitted to be) secured by the Revolving Priority Collateral on a basis that is senior to the Fixed Asset Liens thereon and by the Fixed Asset Priority Collateral on a basis that is junior to the Fixed Asset Liens thereon), and the collateral agent (or required under Sections 5.1 or 6 similar representative) of such holders, bind themselves to the terms of this Agreement pursuant to an amendment effected in accordance with Section 9.3 and (y) there after giving effect to such Refinancing, the existing Revolving Credit Agreement is a corresponding release of Collateral from discharged and thereafter the Lien of agreement that Refinances the First Lien LenderRevolving Credit Agreement shall be the Revolving Credit Agreement for all purposes hereof; provided further, (B) materially and adversely affect the rights of the Second Lien Claimholders without the consent of the Second Lien Trustee, unless it also affects the First Lien Claimholders in a like or similar manner, or (C) impose duties on the Second Lien Trustee, without its consent. Notice of that any such amendment, waiver restatement, amendment and restatement, replacement, supplement, modification, or consent will Refinancing shall not result in a Fixed Asset Default. For the avoidance of doubt, the sale or other transfer of any Revolving Obligations is not restricted by this Agreement but the provisions of this Agreement shall be given to binding on all of the Second Lien Trustee by First Lien Lender no later than 30 days after its effectiveness, provided that the failure to give such notice will not affect the effectiveness and validity thereofClaimholders.