Amendments to Collateral Documents. With the consent of the Holders of not less than a majority in principal amount of the Outstanding Securities, by Act of such Holders delivered to the Company and the Trustee, the Trustee may authorize one or more amendments or supplements to any Collateral Document (other than the Pledge Agreement), grant one or more consents or waivers thereunder, or execute one or more instructions or other documents pursuant thereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions thereof or of waiving or modifying in any manner the rights or obligations of the parties thereunder or taking any actions pursuant thereto; provided, however, that no such amendment, supplement, consent, waiver or instruction or other document shall, without the consent of the Holder of each Outstanding Security affected thereby:
(a) modify any of the provisions of the Deed of Trust referred to in Section 9.09 thereof; or
(b) except as permitted hereby and by the Deed of Trust, permit the creation of any Lien ranking prior to or on a parity with the Lien securing the Trust Bond or any guarantee thereof or terminate the Lien securing the Trust Bond or any guarantee thereof as to any part of the Deed of Trust Collateral.
Amendments to Collateral Documents. Each of the Collateral Documents (other than the Mortgages) are hereby amended by adding the following sentence to each of the provisions thereof containing the definition of "Secured Obligations:" Notwithstanding anything herein to the contrary, for the period from the date that Fleet's resignation as administrative agent under the Credit Agreement shall be effective to and including May 18, 2004, the obligations of the Credit Parties to Fleet arising from or related to cash management services (including the automatic clearing house transfer of funds by Fleet for the account of any Credit Party pursuant to an agreement or overdraft) pursuant to the cash management services in effect presently shall be deemed to be Secured Obligations hereunder in an aggregate amount not in excess of $7,500,000
Amendments to Collateral Documents. The Company represents that it has obtained written consents of at least a majority in aggregate principal amount of the outstanding Notes with respect to the amendments to (a) the Pledge and Security Agreement, dated November 9, 2006, made by FiberTower Corporation, FiberTower Network Services Corp., Art Leasing, Inc., Teligent Services Acquisition, Inc., Art Licensing Corporation, FiberTower Solutions Corporation and the other Grantors from time to time party thereto in favor of Xxxxx Fargo Bank, National Association, as Collateral Agent, (b) the Intellectual Property Security Agreement, dated November 9, 2006, made by FiberTower Solutions Corporation in favor of Xxxxx Fargo Bank, National Association, as Collateral Agent, (c) the Control Agreement, dated November 9, 2006, among FiberTower Corporation, SunTrust Banks, Inc. and Xxxxx Fargo Bank, National Association, as Collateral Agent, and (d) the Control Agreement, dated November 9, 2006, among FiberTower Network Services Corp., SunTrust Banks, Inc. and Xxxxx Fargo Bank, National Association, as Collateral Agent, set forth in Schedule I hereto. Such amendments shall become effective upon execution thereof by the parties thereto, which execution shall occur concurrently with the execution and delivery of this Supplemental Indenture.
Amendments to Collateral Documents. Release ------------------------------------------- of Collateral. ------------- The parties agree that, as of the Fifth Amendment Effective Date, (i) the Company Security Agreement shall be amended as set forth in Exhibit A hereto, (ii) the Subsidiary Security Agreement shall be amended as set forth in Exhibit B hereto, (iii) the Subsidiary Guaranty shall be amended as set forth in Exhibit C hereto, and (iv) the Subsidiary Pledge Agreement shall be amended as set forth in Exhibit D hereto. The Required Lenders hereby approve the forms of such amendments, and hereby authorize the Agent on their behalf to accept from the Company and the Subsidiaries of the Company executing such amendments and authorize the Agent to execute and deliver as Agent, the amendment to the Company Security Agreement in substantially the form of such Exhibit A, the amendment to the Subsidiary Security Agreement in substantially the form of such Exhibit B, the amendment to the Subsidiary Guaranty in substantially the form of such Exhibit C and the amendment to the Subsidiary Pledge Agreement in substantially the form of such Exhibit D with such changes, additions or deletions as the Agent, in its sole and absolute discretion, may approve. In addition, the Lenders hereby agree that the Agent may (i) release the Lien of the Lenders in the oil, gas and other substances subject to the oil and gas lease with The Clinton Oil Company (the "Lessee") referred to in Section 9.2.11(k) of the Credit Agreement (the ----------------- "Lease"), (ii) subordinate the relevant Company Mortgage to the interest of the Lessee in the Lease, and (iii) execute and deliver such documents, in form and substance satisfactory to the Agent in its sole and absolute discretion, as may be necessary or appropriate to accomplish such release and subordination. The Lenders hereby further agree that approval by the Agent of the Lease shall constitute approval of the Lease by the Lenders.
Amendments to Collateral Documents. (a) Without the prior written consent of each other Representative, each Representative agrees that no Collateral Document may be amended, restated, amended and restated, supplemented, replaced or Refinanced or otherwise modified from time to time or entered into to the extent such amendment, supplement, Refinancing or modification, or the terms of any new Collateral Document, would be prohibited by, or would require any Grantor to act or refrain from acting in a manner that would violate, any of the terms of this Agreement.
(b) In determining whether an amendment to any Collateral Document is permitted by this Section 2.10, each Representative may conclusively rely on an officer’s certificate of the Company stating that such amendment is permitted by this Section 2.10.
Amendments to Collateral Documents. (a) Without the prior written consent of the ABL Facility Agent, each Non-ABL Representative and each other Non-ABL Secured Party agrees that no Non-ABL Collateral Document to which such Non-ABL Representative or Non-ABL Secured Parties is party may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Non-ABL Collateral Document, would be prohibited by or inconsistent with any of the terms of this Agreement.
(b) Without the prior written consent of the Intercreditor Agent, the ABL Facility Agent and each other ABL Facility Secured Party agrees that no ABL Facility Collateral Document to which the ABL Facility Agent or ABL Facility Secured Parties are a party may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new ABL Facility Collateral Document, would be prohibited by or inconsistent with any of the terms of this Agreement.
(c) In the event that the Senior Collateral Agent or the Senior Secured Parties enter into any amendment, waiver or consent in respect of or replacing any of the Senior Collateral Documents for the purpose of adding to, or deleting from, or waiving or consenting to any departures from any provisions of, any Senior Collateral Document or changing in any manner the rights of the Senior Collateral Agent, the Senior Secured Parties, the Borrower or any other Grantor thereunder (including the release of any Liens in Senior Collateral), in each case, solely with respect to the Senior Collateral, then such amendment, waiver or consent shall apply automatically to any comparable provision of each Comparable Junior Collateral Document without the consent of any Junior Collateral Agent or any Junior Secured Party and without any action by any Junior Collateral Agent, Junior Secured Party, the Borrower or any other Grantor; provided, however, that (A) such amendment, waiver or consent does not adversely affect in any material respect the rights of the Junior Secured Parties or the interests of the Junior Secured Parties in the Junior Collateral and not the Senior Collateral Agent or the Senior Secured Parties, as the case may be, that have a security interest in the affected collateral in a like or similar manner, (B) no such amendment, waiver or consent shall have the effect of (i) removing assets subject to the Lien of the Junior Collateral Documents, except to t...
Amendments to Collateral Documents. As of the Amendment Effective Date, the term "Lender" contained in each of the Security Agreement, the DAMC Security Agreement, the DAMC Trademark Security Agreement and the Pledge Agreement shall be deemed to include any affiliate of any Lender solely to the extent relating to Obligations incurred under any Interest Rate Agreement not prohibited by SECTION 6.16 of the Credit Agreement.
Amendments to Collateral Documents. The Required Creditors shall have the exclusive authority to direct the Collateral and Intercreditor Agent in writing to amend, or consent to any action by the Collateral and Intercreditor Agent to amend, any provision of, or grant any waivers or consents in respect of, any Collateral Document (other than this Agreement, as to which Section 11.3 shall apply), without any consent or approval of, or prior notice to, any other Secured Party.
Amendments to Collateral Documents. The parties agree that, as of the Ninth Amendment Effective Date, (i) the Parent Security Agreement shall be amended as set forth in Exhibit A hereto, (ii) the Company Security Agreement shall be amended as set forth in Exhibit B hereto, and (iii) the Subsidiary Security Agreement shall be amended as set forth in Exhibit C hereto. The Required Lenders hereby approve the forms of such amendments, and hereby authorize the Agent on their behalf to accept from the Parent Guarantor, the Company and the Subsidiaries of the Company executing such amendments, and authorize the Agent to execute and deliver as Agent, the amendment to the Parent Security Agreement in substantially the form of such Exhibit A, the amendment to the Company Security Agreement in substantially the form of such Exhibit B, and the amendment to the Subsidiary Security Agreement in substantially the form of such Exhibit C with such changes, additions or deletions as the Agent, in its sole and absolute discretion, may approve.
Amendments to Collateral Documents. The parties agree that, as of the Thirteenth Amendment Effective Date, the Company Security Agreement shall be amended as set forth in Exhibit A hereto. The Required Lenders hereby approve the form of such amendment, and hereby authorize the Agent on their behalf to accept from the Company, and authorize the Agent to execute and deliver as Agent, the amendment to the Company Security Agreement in substantially the form of such Exhibit A with such changes, additions or deletions as the Agent, in its sole and absolute discretion, may approve.
