Common use of Amendments; Survival Clause in Contracts

Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 5 (except to the extent that such amendment would adversely affect the rights or obligations of Borrower hereunder) or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of the Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other Person or the execution by Borrower or any other Person of any such amendment or intercreditor agreement. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent in Administrative Agent's reasonable determination shall not have a Material Adverse Affect, or is otherwise intended to be within Administrative Agent's discretion or determination; provided however, otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower or the applicable party to the Loan Documents, as the case may be, and acknowledged by Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided further however, no such amendment, waiver or consent shall, unless in writing and signed by each of the Lenders directly affected thereby and by the Borrower, and acknowledged by the Administrative Agent, do any of the following:

Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 5 6 (except Borrower’s right to the extent that such amendment would adversely affect the rights or obligations of Borrower hereunderconsent to certain amendments referred to in Section 6.9) or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of the Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other Person or the execution by Borrower or any other Person of any such amendment or intercreditor agreement. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent is intended to be within Administrative Agent’s discretion or determination, or otherwise in Administrative Agent's ’s reasonable determination shall not have a Material Adverse Affect, or is otherwise intended to be within Administrative Agent's discretion or determinationEffect; provided however, otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower or the applicable party to the Loan Documents, as the case may be, and acknowledged by Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided further further, however, no such amendment, waiver or consent shall, unless in writing and signed by each of the Lenders directly affected thereby and by the Borrower, and acknowledged by the Administrative Agent, do any of the following:

Amendments; Survival. (a) Administrative Agent and Lenders shall be entitled to may amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 5 (except for provisions applicable to the extent that such amendment would adversely affect the rights or obligations of Borrower hereunderBorrower’s consent in Section 5.9) or as to any other matter in the Loan Documents respecting payments to between Administrative Agent or Lenders or the required number of the Lenders to approve or disapprove any matter or to take or refrain from taking any actionLenders, without the consent of Borrower or any other Person or the execution by Borrower or any other Person of any such amendment or intercreditor agreement. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent in Administrative Agent's reasonable determination shall not have a Material Adverse Affect, or is otherwise intended to be within Administrative Agent's discretion or determination; provided however, otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower or the applicable party to the Loan Documents, as the case may be, and acknowledged may (a) amend or waive any provision of this Agreement or any other Loan Document, or (b) consent to any departure by any party to the Loan Documents therefrom, which amendment, waiver or consent is intended to be within Administrative Agent’s discretion or determination, or is to a provision enforceable or determinable to the extent required by Administrative Agent (reasonable or otherwise), or in Administrative Agent’s reasonable determination, shall not have a material effect on Borrower or the Project. Subject to the foregoing, with the consent of the Required Lenders, Administrative Agent and each Borrower or the applicable party to the Loan Documents, as the case may be, may, by instrument in writing signed by them, enter into any other amendment, waiver or consent (including a consent to the sale, transfer, pledge, mortgage or assignment of any indirect interest in Borrower, except no such consent shall be required if such sale, transfer, pledge, mortgage or assignment is expressly permitted under the Loan Documents). Each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided further however, no such amendment, waiver or consent shall, unless in writing and signed by each of the Lenders directly affected thereby and by the Borrower, and acknowledged by the Administrative Agent, do any of the following:.

Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article ARTICLE 5 (except to the extent that such amendment would adversely affect the rights or obligations of Borrower hereunder) or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders Lenders, except any Material Borrower Amendment (as defined below), without the consent of Borrower, any Loan Party or any other Person or the required execution by Borrower, any Loan Party or any other Person of any such amendment or intercreditor agreement. As used herein, the term "MATERIAL BORROWER AMENDMENT" means any amendment to the terms, conditions or agreements in this Agreement that purports to (i) increase the number of the Lenders required to approve or disapprove any matter or to take or refrain from taking any actionaction hereunder, without the consent of Borrower or (ii) any other Person change that adversely affects the rights or the execution by Borrower or any other Person obligations of any such amendment or intercreditor agreementLoan Party hereunder. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent is intended to be within Administrative Agent's discretion or determination, or otherwise in Administrative Agent's reasonable determination shall not have a Material Adverse Affect, or is otherwise intended to be within Administrative Agent's discretion or determinationEffect; provided PROVIDED however, otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower or the applicable party to the Loan Documents, as the case may be, and acknowledged by Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided PROVIDED further however, no such amendment, waiver or consent shall, unless in writing and signed by each of the Lenders directly affected thereby and by the Borrower, and acknowledged by the Administrative Agent, do any of the following:

Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article ARTICLE 5 (except to the extent that such amendment would adversely affect the rights or obligations of Borrower hereunder) or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders Lenders, except any Material Borrower Amendment (as defined below), without the consent of Borrower, any other Loan Party or any other Person or the required execution by Borrower, any other Loan Party or any other Person of any such amendment or intercreditor agreement. As used herein, the term "MATERIAL BORROWER AMENDMENT" means any amendment to the terms, conditions or agreements in this Agreement that purports to (i) increase the number of the Lenders required to approve or disapprove any matter or to take or refrain from taking any actionaction hereunder, without the consent of Borrower or (ii) any other Person change that adversely affects the rights or the execution by Borrower or any other Person obligations of any such amendment or intercreditor agreementLoan Party hereunder. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent is intended to be within Administrative Agent's discretion or determination, or otherwise in Administrative Agent's reasonable determination shall not have a Material Adverse Affect, or is otherwise intended to be within Administrative Agent's discretion or determinationEffect; provided PROVIDED however, otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower and the other Loan Parties or the applicable party to the Loan Documents, as the case may be, and acknowledged by Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided PROVIDED further however, no such amendment, waiver or consent shall, unless in writing and signed by each of the Lenders directly affected thereby and by the Borrower, and acknowledged by the Administrative Agent, do any of the following: