Amendments to Organizational and Other Documents Sample Clauses

Amendments to Organizational and Other Documents. Borrower shall not, nor shall it permit any of its Restricted Subsidiaries to, directly or indirectly, amend, modify or waive, or permit any amendment, modification or waiver to its Organizational Documents if such amendment, modification or waiver could reasonably be expected to adversely affect the interests of the Collateral Agent, Administrative Agent or the Lenders. Borrower shall not, nor shall it permit any of its Subsidiaries to waive or release any interest under any Security Document except as expressly permitted hereby or thereby. Borrower shall not, and shall not permit any Subsidiary to, amend, modify or waive or cause to be amended, modified or waived any provision of (a) the ICI Agreement unless such amendment, modification or waiver is approved by the Administrative Agent and, if adverse to the interests of the Lenders (as determined by the Administrative Agent in its sole reasonable discretion after reasonable advance notice of such proposed change), by the Required Lenders (b) the BASF Note, unless such amendment, modification or waiver is approved by the Administrative Agent, (c) the Tax Sharing Agreement, unless such amendment, modification or waiver is approved by the Administrative Agent and, if adverse to the interests of the Lenders (as determined by the Administrative Agent in its sole reasonable discretion after reasonable advance notice of such proposed change), by the Required Lenders and (d) the Horizon Subordinated Note, unless such amendment, modification or waiver is approved by the Administrative Agent and, if adverse to the interests of the Lenders (as determined by the Administrative Agent in its sole reasonable discretion after reasonable advance notice of such proposed change), by the Required Lenders. Neither Borrower or any of its Restricted Subsidiaries shall enter into any tax sharing agreement with Holdco I or Holdco II except as set forth in the Tax Sharing Agreement.
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Amendments to Organizational and Other Documents. The Borrower will not, and will not permit any other Credit Party to, enter into or permit any modification of, or waive any material right or obligation of any Person under (a) its certificate or articles of organization or formation, certificate of limited partnership, certificate or articles of incorporation, bylaws, regulations, operating agreement, limited liability company agreement, partnership agreement (including the Limited Partnership Agreement) or other organizational documents other than amendments, modifications and waivers which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, (b) any Material Contract (other than the Parent Subordinated Note) other than amendments, modifications and waivers which would not, individually or in the aggregate, reasonably be expected to have a Material Adverse Effect, or (c) the Parent Subordinated Note; provided, that, and subject to the last sentence of this Section 7.17, the Borrower may enter into or obtain amendments, modifications or waivers to or under the Parent Subordinated Note which do not provide for or have any of the following effects: (i) cause the outstanding principal balance of the Indebtedness evidenced by the Parent Subordinated Note to exceed $50,000,000 (plus any interest paid by capitalizing the accrued and unpaid interest on the Parent Subordinated Note and adding it to the then unpaid principal amount thereof in accordance with the terms of the Parent Subordinated Note) (as reduced by any prepayments to the extent permitted by Section 7.18 or any other principal payments made with the express written consent of the Required Lenders); (ii) increase the amount of any scheduled payment of principal or interest on the Parent Subordinated Note; (iii) shorten the maturity date or hasten or accelerate the date upon which any installment of principal or interest on the Parent Subordinated Note is due or otherwise accelerate any amortization schedule with respect thereto; (iv) increase the rate of interest payable in cash accruing on the Parent Subordinated Note (other than any increase after and during the continuance of a Note Event of Default (as defined in the Parent Subordinated Note) to a rate of interest not to exceed one percent above the interest rate applicable to past due Eurodollar Loans or ABR Loans as provided in Section 2.12(d), as applicable pursuant to the terms of the Parent Subordinated Note), or impose any additional premi...
Amendments to Organizational and Other Documents. Parent and Borrower will not, nor will Parent and/or Borrower permit any other Credit Party to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under (a) its certificate or articles of incorporation, bylaws, partnership agreement, regulations or other organizational documents other than amendments, modifications and waivers which will not, individually or in the aggregate, have a Material Adverse Effect, (b) any Bond Document, and/or (c) any Genesis Transaction Document; provided, that, with respect to clause (c), such modifications or amendments may be made without the consent of Required Banks if such modifications or amendments (i) individually or in the aggregate, are not materially adverse to the rights of Administrative Agent or Banks, and (ii) individually or in the aggregate, do not materially decrease the economic benefit that Borrower would have otherwise received pursuant to such documents.
Amendments to Organizational and Other Documents. 8.13 Limitation on Certain Restrictions on Subsidiaries. 8.14 Accounting Changes. 8.15 Restrictions on Certain Unrestricted Subsidiaries.
Amendments to Organizational and Other Documents. Borrower will not, nor will Borrower permit any other Credit Party to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under (a) its certificate or articles of incorporation, articles or organization, bylaws, partnership agreement, regulations, the Operating Agreement, or other organizational documents other than amendments, modifications and waivers which will not, individually or in the aggregate, have a Material Adverse Effect, (b) the QES Management Agreement (other than minor modifications to reflect day-to-day personnel and operational requirements), (c) any Senior Term Credit Document the effect of which is to (i) increase the maximum principal amount of the Senior Term Debt or rate of interest on any of the Senior Term Debt (other than as a result of the imposition of a default rate of interest in accordance with the terms of the Senior Term Credit Documents), (ii) change or add any event of default or any covenant with respect to the Senior Term Debt if the effect of such change or addition is to cause any one or more of the Senior Term Credit Documents to be more restrictive on any Credit Party than such Senior Term Credit Documents were prior to such change or addition, (iii) change the dates upon which payments of principal or interest on the Senior Term Debt are due, (iv) change any redemption or prepayment provisions of the Senior Term Debt, or (v) grant any Liens in any assets or properties of any Credit Party, other than the Liens granted under the Loan Papers, (d) any Equity Investment Document, and/or (e) any Subordinate Debt Document.
Amendments to Organizational and Other Documents. Parent and Borrower will not, nor will Parent and/or Borrower permit any other Credit Party to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under (a) its certificate or articles of incorporation, bylaws, partnership agreement, regulations or other organizational documents other than amendments, modifications and waivers which will not, individually or in the aggregate, have a Material Adverse Effect, and/or (b) any Bond Document.
Amendments to Organizational and Other Documents. Such Holdco Party shall not, nor shall it permit any Permitted Holdco Subsidiary to, directly or indirectly, amend, modify or waive, or permit any amendment, modification or waiver to its Organizational Documents if such amendment, modification or waiver could reasonably be expected to adversely affect the interests of the Collateral Agent, Administrative Agent or the Lenders. Such Holdco Party shall not, nor shall it permit any Permitted Holdco Subsidiary to, amend, modify or waive or cause to be amended, modified or waived any provision of the ICI Purchase Agreement unless such amendment, modification or waiver is approved by the Administrative Agent and, if adverse to the interests of the Lenders (as determined by the Administrative Agent in its sole reasonable discretion after reasonable advance notice of such proposed change), by the Required Lenders.
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Amendments to Organizational and Other Documents. No Borrower will, nor will any Borrower permit any other Credit Party to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under (a) its Organizational Documents other than amendments, modifications and waivers which will not, individually or in the aggregate, have a Material Adverse Effect, or (b) any Senior Term Credit Document if the effect of any such modification or amendment is to (i) increase the maximum principal amount of the Senior Term Indebtedness or rate of interest on any of the Senior Term Indebtedness (other than as a result of the imposition of a default rate of interest in accordance with the terms of the Senior Term Credit Documents), (ii) change or add any event of default or any covenant with respect to the Senior Term Indebtedness if the effect of such change or addition is to cause any one or more of the Senior Term Credit Documents to be more restrictive on any Credit Party than such Senior Term Credit Documents were prior to such change or addition, (iii) change the dates upon which payments of principal or interest on the Senior Term Indebtedness are due, (iv) change any redemption or prepayment provisions of the Senior Term Indebtedness, or (v) grant any Liens in any assets or properties of any Credit Party, other than the Liens granted under the Loan Documents.
Amendments to Organizational and Other Documents. No Borrower will, nor will any Borrower permit any other Credit Party to, enter into or permit any modification or amendment of, or waive any material right or obligation of any Person under (a) its Organizational Documents other than amendments, modifications and waivers which will not, individually or in the aggregate, have a Material Adverse Effect or (b) the Senior Revolving Credit Agreement if the effect of any such modification or amendment is to (i) increase the maximum principal amount of the commitments under the Senior Revolving Credit Agreement to an amount in excess of $300,000,000, or (ii) increase the applicable margin with respect to the interest rate on any of the Indebtedness evidenced by the Senior Revolving Credit Agreement by more than 2.00% per annum (excluding any increase resulting from the application of any default rate of interest).
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