Amendments to Debt Documents. (a) The Senior Debt Documents may be amended, restated, supplemented or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Debt Documents may be Refinanced, in each case, without the consent of any Junior Priority Debt Party; provided, however, that, without the consent of the Junior Priority Majority Representatives, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall contravene any provision of this Agreement.
(b) Without the prior written consent of the Senior Representatives, no Junior Priority Debt Document may be amended, restated, supplemented or otherwise modified, or entered into, and no Indebtedness under the Junior Priority Debt Documents may be Refinanced, to the extent such amendment, restatement, supplement or modification or Refinancing, or the terms of such new Junior Priority Debt Document, would (i) contravene the provisions of this Agreement, (ii) change to earlier dates any scheduled dates for payment of principal (including the final maturity date) or of interest on Indebtedness under such Junior Priority Debt Document or (iii) reduce the capacity to incur Indebtedness for borrowed money constituting Senior Obligations to an amount less than the aggregate principal amount of term loans or outstanding notes and aggregate principal amount of revolving commitments, in each case, under the Senior Debt Documents on the day of any such amendment, restatement, supplement, modification or Refinancing.
(c) Each Junior Priority Representative, for itself and on behalf of each Junior Priority Debt Party under its Junior Priority Debt Facility, agrees that each Junior Priority Collateral Document under its Junior Priority Debt Facility shall include the following language (or language to similar effect reasonably approved by the Designated Senior Representative): “Notwithstanding anything herein to the contrary, (i) the liens and security interests granted to the [Junior Priority Representative] pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted in favor of the Senior Secured Parties (as defined in the Junior Lien Intercreditor Agreement referred to below), including liens and security interests granted to Xxxxxx Xxxxxxx Senior Funding. Inc., as collateral agent, pursuant to or in connection with the Credit Agreement, dated as of November 25, 2...
Amendments to Debt Documents. (a) Provided that at least 15% of the original principal amount of the Aggregate Convertible Debentures are outstanding, neither the Company nor any of its Subsidiaries shall or shall permit any change, amendment, supplement or other modification of any terms of the SVB Facility or related documents, without the prior consent of the Aggregate Convertible Debenture Super Majority (based on outstanding principal amount) of the Aggregate Convertible Debentures, if the effect of such change, amendment, supplement or other modification (or renewal, refinancing, refunding or extension) is to:
(i) increase any applicable margin with respect to the interest rate in effect on the extensions of credit under the SVB Facility by more than a rate equal to 2% per annum from those provided for in the SVB Facility as in effect on the date hereof, or otherwise change the basis for the calculation of the interest rate thereunder if such change has the effect of increasing the interest rate charged thereunder by more than 2% per annum from those provided for in the SVB Facility as in effect on the date hereof (provided, that nothing herein shall preclude the imposition of a post-default rate of interest in the amount and under the circumstances provided in the SVB Facility as in effect on the date hereof);
(ii) shorten or extend the scheduled maturity of any payment of any principal amount of the revolving loans under the SVB Facility from the scheduled maturity thereof as in effect on the date hereof, except extending the payment schedule of such revolving loans so long as the final maturity on such loans shall fall on or before 180 days prior to January 10, 2005 (provided, that nothing herein shall preclude the Issuers from reducing the amount of commitments under the SVB Facility);
(iii) add any additional defaults or events of default under the SVB Facility or permit any modifications to the terms of any defaults or events of default under the SVB Facility except for any modifications to make such terms less restrictive on the Issuers and their Subsidiaries);
(iv) make any numerically based restriction in any one or more of the financial covenants under the SVB Facility (or related documents) as in effect on the date hereof more restrictive on the Issuers and their Subsidiaries by more than 10%; provided,
Amendments to Debt Documents. The Senior Debt Documents may be amended, restated, supplemented or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Debt Documents may be Refinanced, in each case, without the consent of any Second Priority Debt Party; provided, however, that, without the consent of the Second Priority Majority Representatives, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall contravene any provision of this Agreement.
Amendments to Debt Documents. Neither the Company nor any of its Subsidiaries shall or shall permit any change, amendment, supplement or other modification of any terms of either of the SVB Facilities, or related documents without the prior consent of the Purchasers who have committed at least 51% of the Committed Amounts and funded Drawdowns.
Amendments to Debt Documents. Enter into any amendment, waiver or modification of any of the Permitted Second Lien Debt Documents or any documentation evidencing any Debt permitted pursuant to Sections 6.3(f) or 6.3(h) of this Agreement (x) to the extent such amendment, waiver or modification would be prohibited by the terms of the First Lien/Second Lien Intercreditor Agreement or any other applicable intercreditor or subordination arrangements applicable thereto, (y) to the extent such amendment, waiver or modification would otherwise be materially adverse to the Agent and the Lenders and (z) without delivering a copy of such documentation to the Agent.
Amendments to Debt Documents. Amend, supplement or otherwise modify any document, instrument or agreement relating to (a) any Subordinated Debt, if such modification (i) increases the principal balance of such Debt, or increases any required payment of principal or interest (it being understood that any non-cash payment prior to the payment in full of the Obligations may be made in kind and accreted to capital as of each interest payment date); (ii) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (iii) shortens the final maturity date or otherwise accelerates amortization; (iv) increases the interest rate; (v) increases or adds any fees or charges; (vi) modifies any covenant in a manner or adds any representation, covenant or default that is more onerous or restrictive in any material respect for any Borrower or Subsidiary, or that is otherwise materially adverse to any Borrower, any Subsidiary or Lenders; or (vii) results in the Obligations not being fully benefited by the subordination provisions thereof; provided that nothing herein shall prohibit payments with respect to Subordinated Debt permitted pursuant to Section 10.2.8 and (b) the Term Debt, except as set forth in the Intercreditor Agreement.
Amendments to Debt Documents. (a) The Company will not, and will not permit any Subsidiary to, enter into, modify or amend, or waive any right or obligation of any such Person under the First Lien Credit Agreement as in effect on the First Supplemental Indenture Date or, if the First Lien Credit Agreement ceases to exist, the Credit Facility if such amendment, modification or waiver would (i) in any way restrict the payment, repayment, redemption, repurchase or other refinancing of or in respect of the Notes that would be permitted under the First Lien Credit Agreement as in effect on the First Supplemental Indenture Date, (ii) result in an increase to the Weighted Yield on the loans and obligations under the First Lien Credit Agreement or, if the First Lien Credit Agreement ceases to exist, the Credit Facility as compared to the Weighted Yield on the loans and obligations under the First Lien Credit Agreement as in effect on the First Supplemental Indenture Date by more than 250 basis points, (iii) result in any amendment to, modification of, re-set or other adjustment of the call protection under the First Lien Credit Agreement or, if the First Lien Credit Agreement ceases to exist, the Credit Facility in any manner that is prejudicial to the Company as compared to the call protection under the First Lien Credit Agreement or, if the First Lien Credit Agreement ceases to exist, the Credit Facility immediately prior to such amendment, modification, re-set or adjustment, unless, substantially contemporaneously therewith, this Indenture and the Notes are amended pursuant to Section 9.01(j) such that the Notes also receive the benefit of such prejudicial amendment, modification, reset and/or adjustment (as examples, if the terms of the newly amended, modified, reset or adjusted Debt include a make-whole for a period of time that extends longer than the make-whole applicable to such Debt immediately prior to such amendment, modification, reset or adjustment (whether on account of such Debt never having contained a make-whole or on account of the make-whole expiring or terminating on an earlier date in accordance with its terms) (a “make-whole extension”), then the Notes shall be amended to extend the then-existing make-whole period by (or reintroduce a make-whole period for) the length of the make-whole extension; additionally, in the event the amended, modified, reset or adjusted Debt includes a call premium schedule that increases the call premium percentage applicable at any period of t...
Amendments to Debt Documents. (a) Enter into any amendment, waiver or modification of any of the Permitted Second Lien Debt Documents or any documentation evidencing any Debt permitted pursuant to Sections 6.3(f) or 6.3(h) of this Agreement (x) to the extent such amendment, waiver or modification would be prohibited by the terms of the First Lien/Second Lien Intercreditor Agreement or any other applicable intercreditor or subordination arrangements applicable thereto, (y) to the extent such amendment, waiver or modification would otherwise be materially adverse to the Agent and the Lenders and (z) without delivering a copy of such documentation to the Agent. ; and (b) enter into any amendment, waiver or modification of any of Granite Loan Documents to the extent such amendment, waiver or modification would be adverse to the Agent and the Lenders and without delivering a copy of such documentation to the Agent.
Amendments to Debt Documents. Borrower shall not amend, restate, consent, waive, supplement, or otherwise modify any Specified Debt Documents without the prior written consent of the Administrative Agent (acting at the direction of the Required Lenders), except any such amendment, modification, variance, or supplement that is not material and adverse to the interests of the Lender Parties.
Amendments to Debt Documents. (a) Enter into any amendment, waiver or modification of any of the Permitted Revolving Debt Documents or any documentation evidencing the Oaktree Term Loans (x) to the extent such amendment, waiver or modification would be prohibited by the terms of the Oaktree Intercreditor Agreement or any other applicable intercreditor or subordination arrangements applicable thereto, (y) to the extent such amendment, waiver or modification would otherwise be materially adverse to the Agent and the Lenders and (z) without delivering a copy of such documentation to the Agent; and (b) enter into any amendment, waiver or modification of any of Granite Loan Documents to the extent such amendment, waiver or modification would be adverse to the Agent and the Lenders and without delivering a copy of such documentation to the Agent.
