Common use of Amendments; Refinancings Clause in Contracts

Amendments; Refinancings. (a) The Revolving Loan Documents may be amended, restated, amended and restated, replaced, 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 Notes Collateral Agent or the Notes Claimholders, all without affecting the lien subordination or other provisions of this Agreement; provided, however, that, in the case of a Refinancing, the holders of such Refinancing debt bind themselves (in a writing addressed to the Notes Collateral Agent for the benefit of itself and the Notes Claimholders) to the terms of this EXHIBIT K Agreement; provided further, that any such amendment, restatement, amendment and restatement, replacement, supplement, modification, or Refinancing shall not result in a Notes Default; provided further, however, that, if such Refinancing debt is secured by a Lien on any Collateral the holders of such Refinancing debt shall be deemed bound by the terms hereof regardless of whether or not such writing is provided. For the avoidance of doubt, the sale or other transfer of indebtedness is not restricted by this Agreement but the provisions of this Agreement shall be binding on all of the Claimholders.

Appears in 1 contract

Samples: Intercreditor Agreement (REV Group, Inc.)

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Amendments; Refinancings. (a) The Revolving Loan Documents may be amended, restated, amended and restated, replaced, 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 RefinancedRefinanced in accordance with the terms of the Revolving Loan Documents, in each case without notice to, or the consent of, the Notes Collateral Term Loan Agent or the Notes Term Loan Claimholders, all without affecting the lien Lien subordination or other provisions of this Agreement; provided, however, that, in the case of a RefinancingRefinancing secured by the Collateral, the holders of such Refinancing debt (or an authorized representative on their behalf) bind themselves (in a writing addressed to the Notes Collateral Term Loan Agent for the benefit of itself and the Notes ClaimholdersTerm Loan Claimholders in a form reasonably acceptable to Term Loan Agent) to the terms of this EXHIBIT K Agreement; provided furtherAgreement (it being understood that no writing shall be required for any amendment, that modification or extension to or of the Revolving Credit Agreement (including any incurrence of indebtedness thereunder) if the holders of Indebtedness thereunder (or an authorized representative on their behalf) are parties to this Agreement at the time of such amendment, restatementmodification or extension, amendment and restatement, replacement, supplement, modification, or Refinancing shall not result in a Notes Defaultas applicable); provided further, however, that, if such Refinancing debt is secured by a Lien on any Collateral the holders of such Refinancing debt shall be deemed bound by the terms hereof regardless of whether or not such writing is provided. For the avoidance of doubt, the sale or other transfer of indebtedness is not restricted by this Agreement but the provisions of this Agreement shall be binding on all holders of the ClaimholdersRevolving Obligations and Term Loan Obligations.

Appears in 1 contract

Samples: Intellectual Property Security Agreement (Ollie's Bargain Outlet Holdings, Inc.)

Amendments; Refinancings. (a) The ABL Revolving Loan Documents may be amended, restated, amended and restated, replaced, supplemented, or otherwise modified in accordance with their terms (or replaced in connection with a Refinancing of the ABL Revolving Obligations (or portions thereof)) and the ABL Revolving Obligations Ob- ligations may be Refinanced, in each case without notice to, or the consent of, the Notes Collateral any Term Agent or the Notes ClaimholdersTerm Claimholders (except to the extent a consent is otherwise required to permit the Refinancing under the Term Documents), all without affecting the lien subordination or other provisions of this Agreement; provided, however, that, in the case of a Refinancing, the holders of such Refinancing debt (or an author- ized agent or trustee on their behalf) bind themselves (in a writing addressed to the Notes Collateral Agent Term Agents for the benefit of itself and the Notes Term Claimholders) to the terms of this EXHIBIT K Agreement pursuant to such documents or agreements (including amendments or supplements to this Agreement; provided further) as the ABL Revolving Collat- eral Agent or any Term Agent, that any such amendmentas the case may be, restatement, amendment and restatement, replacement, supplement, modification, or Refinancing shall not result in a Notes Defaultreasonably request; provided further, however, that, if such Refinancing debt is secured by a Lien on any Collateral the holders of such Refinancing debt shall be deemed bound by the terms hereof regardless of whether or not such writing is provided. For the avoidance of doubt, the sale or other transfer of indebtedness is not restricted by this Agreement but the provisions of this Agreement shall be binding on all holders of the ClaimholdersABL Revolving Obligations and the Term Obligations.

Appears in 1 contract

Samples: Intercreditor Agreement

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Amendments; Refinancings. (a) The Revolving Loan First Lien Credit Facility Documents may be amended, restated, amended and restated, replaced, supplemented, or otherwise modified in accordance with their terms (or replaced in connection connec- tion with a Refinancing of the Revolving First Lien Obligations (or portions thereof)) and the Revolving First Lien Obligations may be Refinanced, in each case without notice to, or the consent of, the Notes Collateral Agent or the Notes ClaimholdersClaimholders (except to the extent a consent is otherwise required to permit the Refinancing under the Notes Documents), all without affecting the lien subordination or other provisions of this Agreement; provided, however, that, in the case of a Refinancing, the holders of such Refinancing debt (or an author- ized agent or trustee on their behalf) bind themselves (in a writing addressed to the Notes Collateral Agent for the benefit of itself and the Notes Claimholders) to the terms of this EXHIBIT K Agreement pursuant to such documents or agreements (including amendments or supplements to this Agreement; provided further, that any such amendment, restatement, amendment and restatement, replacement, supplement, modification, or Refinancing ) as the Notes Collateral Agent shall not result in a Notes Defaultreasonably request; provided further, however, that, if such Refinancing debt is secured by a Lien on any Collateral the holders of such Refinancing debt shall be deemed bound by the terms hereof regardless of whether or not such writing is provided. For the avoidance of doubt, the sale or other transfer of indebtedness is not restricted by this Agreement but the provisions of this Agreement shall be binding on all holders of the ClaimholdersFirst Lien Obligations and the Notes Obligations.

Appears in 1 contract

Samples: Intercreditor Agreement

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