Common use of Amendments to Subordinated Debt Clause in Contracts

Amendments to Subordinated Debt. Amend, supplement or otherwise modify any document, instrument or agreement relating to any Subordinated Debt, if such modification (a) increases the principal balance of such Debt, or increases any required payment of principal or interest; (b) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (c) shortens the final maturity date or otherwise accelerates amortization; (d) increases the interest rate (unless such increase is acceptable to Agent); (e) increases or adds any fees or charges (unless such increase or addition is acceptable to Agent); (f) 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 (g) results in the Obligations not being fully benefited by the intercreditor agreement or other subordination provisions thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Nautilus, Inc.)

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Amendments to Subordinated Debt. Amend, supplement or otherwise modify any document, instrument or agreement relating documents related to any Subordinated Debt, if such modification (a) increases the principal balance of such Debt, or increases any required cash payment of principal or interestinterest (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); (b) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (c) shortens the final maturity date or otherwise accelerates amortization; (d) increases the interest rate (unless such increase is acceptable to Agent)rate; (e) increases or adds any fees or charges (unless such increase or addition is acceptable to Agent)charges; (f) 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 Obligor or Subsidiary, or that is otherwise materially adverse to any BorrowerObligor, any Subsidiary or Lenders; or (g) results in the Obligations not being fully benefited by the intercreditor agreement or other subordination provisions thereof; or (h) is otherwise in violation of the terms of the applicable Subordination Agreement; provided, however, that the Borrowers may repay in full on or after the First Amendment Effectiveness Date all obligations under the TBC Notes and the Term Loan Debt as permitted hereunder.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Turtle Beach Corp)

Amendments to Subordinated Debt. Amend, supplement or otherwise modify (i) the Sponsor Subordinated Debt except as provided in the Sponsor Subordination Agreement; and (ii) any document, instrument or agreement relating to any other Subordinated Debt, if such modification (a) increases the principal balance of such Debt, or increases any required payment of principal or interest; (b) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (c) shortens the final maturity date or otherwise accelerates amortization; (d) increases the interest rate (unless such increase is acceptable to Agent)rate; (e) increases or adds any fees or charges (unless such increase or addition is acceptable to Agent)charges; (f) 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 Obligor or Subsidiary, or that is otherwise materially adverse to any BorrowerObligor, any Subsidiary or Lenders; or (g) results in the Obligations not being fully benefited by the intercreditor agreement or other subordination provisions thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Installed Building Products, Inc.)

Amendments to Subordinated Debt. Amend, supplement or otherwise modify any document, instrument or agreement relating documents related to any Subordinated Debt, if such modification (a) increases the principal balance of such Debt, or increases any required cash payment of principal or interestinterest (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); (b) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (c) shortens the final maturity date or otherwise accelerates amortization; (d) increases the interest rate (unless such increase is acceptable to Agent)rate; (e) increases or adds any fees or charges (unless such increase or addition is acceptable to Agent)charges; (f) 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 Obligor or Subsidiary, or that is otherwise materially adverse to any BorrowerObligor, any Subsidiary or Lenders; or (g) results in the Obligations not being fully benefited by the intercreditor agreement or other subordination provisions thereof; or (h) is otherwise in violation of the terms of the applicable Subordination Agreement.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp)

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Amendments to Subordinated Debt. (a) Amend, supplement or otherwise modify any document, instrument or agreement relating documents related to any Subordinated Debt, if such modification (a) increases the principal balance of such Debt, or increases any required cash payment of principal or interestinterest (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); (b) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions; (c) shortens the final maturity date or otherwise accelerates amortization; (d) increases the interest rate (unless such increase is acceptable to Agent)rate; (e) increases or adds any fees or charges (unless such increase or addition is acceptable to Agent)charges; (f) 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 Obligor or Subsidiary, or that is otherwise materially adverse to any BorrowerObligor, any Subsidiary or Lenders; or (g) results in the Obligations not being fully benefited by the intercreditor agreement or other subordination provisions thereof; or (h) is otherwise in violation of the terms of the applicable Subordination Agreement.

Appears in 1 contract

Samples: Loan, Guaranty and Security Agreement (Turtle Beach Corp)

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