Common use of Amendments to Revolving Loan Documents Clause in Contracts

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 Revolving Loan Documents may be amendedSecured Parties shall not amend, supplemented waive or otherwise modified in accordance with their terms and modify 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) Documents without the prior written consent of each the Term Loan Agent, acting at the direction of the applicable Term Loan Secured Parties, any such amendment, supplement, modification or refinancing shall not: Agent which would (i) shorten the final maturity of the Revolving Loan Debt (other than due to acceleration in accordance with the terms of the Revolving Loan Documents), (ii) advance any other scheduled date for the payment of principal, interest or fees payable in respect of the Revolving Loan Debt, (iii) increase the maximum aggregate principal amount of any Revolving Loan Debt (exclusive of interest, fees, costs and expenses) outstanding in excess of $225,000,000, less any permanent reductions of the aggregate commitments under the Revolving Loan Agreement to an amount greater than Agreement, (iv) increase any interest rate margin on 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 350 basis points (3.50%), other than (A) by operation of a pricing matrix or increase grid based upon a measure or financial performance or the amountimposition of a default rate of interest, as such matrix, grid or frequency default rate of payment, of any recurring fees provided for interest exists in the Revolving Loan Agreement; Documents as in effect on the date hereof or (iiiB) shorten increases attributable to changes in the scheduled maturity of LIBO Rate or the Revolving Loan Agreement or Prime Rate; (v) increase 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 other than by the imposition of a default rate with respect thereto, as such fees and default rate exists in the Revolving Loan Documents as in effect on the date hereof, (vi) increase any scheduled or mandatory payment, or require any additional payments, of the principal amount or frequency of any of such paymentsRevolving Loan Debt in addition to that which exists in the Revolving Loan Documents as in effect on the date hereof, or requires additional mandatory prepayments (vii) add any limitations or limits restrictions on payments of the rights Term Loan Debt to those existing in the Revolving Loan Documents as in effect on the date hereof, provided that nothing contained in this Section 3.1 or elsewhere in this Agreement shall be construed to require the consent of the Term Loan Agent to any waiver by the Revolving Loan Secured Parties of any default or event of default under the Revolving Loan Documents or other term, provision or condition contained in any of the Revolving Loan Documents or of any of the Grantors rights and remedies of the Revolving Loan Secured Parties thereunder. The Revolving Loan Secured Parties shall be entitled to receive (x) fees for amendments, providing consents, waiving defaults or granting forbearances and (y) for the reimbursement of any reasonable out-of-pocket expenses (including fees of attorneys, appraisers, consultants and advisors) relating thereto in accordance with respect thereto; or (v) contravene the provisions terms of this Agreementthe Revolving Loan Documents.

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 Agreement 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 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) in the holders case of a refinancing of the Revolving Loan Obligations as so Refinanced bind themselves Debt, the Revolving Loan Agent on behalf of the Revolving Loan Secured Parties binds itself 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 the 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 aggregate combined amount of the aggregate commitments under unused commitments, outstanding loans, and outstanding letters of credit included in the Revolving Loan Agreement Debt to an amount greater than the Revolving Loan Debt CapMaximum Amount; (ii) increase the ordinary or default interest rates, including any increase in the “Applicable Margin” ”, any interest rate floors or similar component components of the interest rate by more than three percent (3.00%) per annum in the aggregate (excluding increases resulting from the accrual of interest at the default rate or changes fluctuations in the underlying LIBOR or index rate), in the aggregate, by more than 3.0% per annum reference rates) 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 Debt or any refinancing thereofthereof unless imposed as a result of a default; (iv) modify (or have the effect of a modification of) the terms of payment of the Revolving Loan Obligationspayment, including the mandatory prepayment provisions of the Revolving Loan Documents, Agreement 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 terms of this Agreement; (vi) amend or modify any provision of the Revolving Loan Documents to prohibit any U.S. Grantor from making any payment of principal, interest, fees, cost and expense reimbursements or indemnities with respect to the Term Loan Debt; (vii) impose any restriction or limitation on the U.S. Grantors’ ability to effect any amendment, supplement, modification or Refinancing of the Term Loan Documents or Term Loan Debt that is more restrictive than any such restriction or limitation set forth in Section 10.5(b) below; (viii) increase the aggregate Canadian Loan Limit (as defined in the Revolving Loan Agreement) to an amount in excess of $15,000,000; or (ix) modify (or have the effect of a modification of) the terms of Section 7.24 of the Revolving Loan Agreement in a manner adverse to the interests of the Term Loan Secured Parties.