Amendments to Revolving Loan Documents. The Revolving Loan Documents may be amended, supplemented or otherwise modified in accordance with their terms and the Revolving Loan Obligations may be refinanced, in each case, without notice to, or the consent of either the First Lien Term Loan Agent, the Incremental Term Loan Agent or the other Term Loan Secured Parties, all without affecting the lien subordination or other provisions set forth in this Agreement (even if any right of subrogation or other right or remedy of any Term Loan Agent or any other Term Loan Secured Party is affected, impaired or extinguished thereby); provided, that:
(a) the holders of the Revolving Loan Obligations as so Refinanced bind themselves in a writing addressed to the First Lien Term Loan Agent and the Incremental Term Loan Agent to the terms of this Agreement, and
(b) without the prior written consent of each Term Loan Agent, acting at the direction of the applicable Term Loan Secured Parties, any such amendment, supplement, modification or refinancing shall not:
(i) increase the maximum amount of the aggregate commitments under the Revolving Loan Agreement to an amount greater than the Revolving Loan Debt Cap;
(ii) increase the ordinary or default interest rates, including any increase in the “Applicable Margin” or similar component of the interest rate (excluding increases resulting from the accrual of interest at the default rate or changes in the underlying LIBOR or index rate), in the aggregate, by more than 3.0% per annum or increase the amount, or frequency of payment, of any recurring fees provided for in the Revolving Loan Agreement;
(iii) shorten the scheduled maturity of the Revolving Loan Agreement or any refinancing thereof;
(iv) modify (or have the effect of a modification of) the terms of payment of the Revolving Loan Obligations, including the mandatory prepayment provisions of the Revolving Loan Documents, in a manner that changes to earlier the dates upon which principal, interest or fees and due under the Revolving Loan Documents, increases the amount or frequency of any of such payments, or requires additional mandatory prepayments or limits the rights of any of the Grantors with respect thereto; or
(v) contravene the provisions of this Agreement.
Amendments to Revolving Loan Documents. The Borrower shall not permit any Revolving Loan Document to be amended, supplemented or otherwise modified, except pursuant to the terms of the Intercreditor Agreement.
Amendments to Revolving Loan Documents. The Revolving Loan Documents may be amended, novated, supplemented, extended, restated or otherwise modified in accordance with their terms, the Revolving Loan Debt may be increased or supplemented under new Revolving Loan Documents, New Revolving Loan Agreements may be entered into and the liabilities thereunder may be included as Revolving Loan Debt and the Revolving Loan Agreement may be refinanced, in each case, without notice to, or the consent of the Collateral Agent (acting on the instructions of the ROW Instructing Group) or the other ROW Secured Parties, all without affecting the Lien subordination or other provisions set forth in this Agreement (even if any right of subrogation or other right or remedy of the Collateral Agent or any other ROW Secured Party is affected, impaired or extinguished thereby); provided, that:
(a) in the case of a refinancing of the Revolving Loan Debt, the Revolving Loan Agent on behalf of the Revolving Loan Secured Parties binds itself in a writing addressed to the Collateral Agent to the terms of this Agreement, and
(b) without the prior written consent of the Collateral Agent (acting on the instructions of the ROW Instructing Group), any such amendment, novation, supplement, modification, extension, restatement, New Revolving Loan Agreement or refinancing shall not contravene the terms of this Agreement.
