Amendments to Term Loan Documents. The Term Loan Secured Parties shall not amend, waive or otherwise modify the provisions of the Term Loan Documents without the prior written consent of the Revolving Credit Agent which would (i) increase the aggregate principal amount (exclusive of interest, fees, costs and expenses) outstanding on the Term Loan Debt to an amount in excess of (A) $325,000,000 less (B) any principal repayments made on account of the Term Loan Debt, (ii) shorten the final maturity of any of the Term Loan Debt (other than due to acceleration in accordance with the terms of the Term Loan Documents), (iii) advance any other scheduled date for the payment of principal, interest or fees payable in respect of the Term Loan Debt, (iv) increase any interest rate margin on the Term Loan Debt by more than 350 basis points (3.50%), other than (A) by operation of a pricing matrix or grid based upon a measure or financial performance or the imposition of a default rate of interest, as such matrix, grid or default rate of interest exists in the Term Loan Documents as in effect on the date hereof, or (B) increases attributable to changes in the Eurodollar Rate or Alternate Base Rate; (v) increase any fees under the Term Loan Documents, other than by the imposition of a default rate with respect thereto, as such fees and default rate exists in the Term 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 of any Term Loan Debt in addition to that which exists in the Term Loan Documents as in effect on the date hereof, or (vii) add any limitations or restrictions on payments of the Revolving Loan Debt to those existing in the Term Loan Documents as in effect on the date hereof, provided that nothing contained in this Section 3.2 or elsewhere in this Agreement shall be construed to require the consent of the Revolving Agent to any waiver by the Term Loan Secured Parties of any default or event of default under the Term Loan Documents or other term, provision or condition contained in any of the Term Loan Documents or of any of the rights and remedies of the Term Loan Secured Parties thereunder. The Term 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...
Amendments to Term Loan Documents. Promptly following the occurrence of such event, any amendment, waiver, supplement, or other modification of any Term Loan Document (accompanied by a true, correct and complete copy thereof).
Amendments to Term Loan Documents. Amend, supplement or otherwise modify any Term Loan Document or any other document, instrument or agreement relating to the Term Loan Documents in violation of the provisions of the Intercreditor Agreement.
Amendments to Term Loan Documents. The Borrowers and the Guarantors will not amend, waive, modify or supplement or consent to any amendment, waiver, modification or supplement of any Term Loan Documents, if such amendment, waiver or other modification would contravene any provision of the Intercreditor Agreement.
Amendments to Term Loan Documents. The Term Loan Documents may be amended, supplemented or otherwise modified in accordance with their terms and the Term Loan Agreement may be refinanced, in each case, without notice to, or the consent of the ABL Agent or the other ABL Secured Parties, all without affecting the lien subordination or other provisions set forth in the Intercreditor Agreement (even if any right of subrogation or other right or remedy of ABL Agent or any other ABL Secured Party is affected, impaired or extinguished thereby); provided, that,
Amendments to Term Loan Documents. The Term Loan Documents may be amended, supplemented or otherwise modified in accordance with their terms and the Term Loan Agreement may be refinanced, in each case, without notice to, or the consent of ABL Agent or the other ABL Secured Parties, all without affecting the lien subordination or other provisions set forth in the this Agreement (even if any right of subrogation or other right or remedy of ABL Agent or any other ABL Secured Party is affected, impaired or extinguished thereby); provided, that:
(a) the holders of the Term Loan Debt as so Refinanced bind themselves in a writing addressed to ABL Agent to the terms of this Agreement, and
(b) without the prior written consent of ABL Agent, any such amendment, supplement, modification or refinancing shall not:
(i) increase the sum of the then outstanding aggregate principal amount of the loans under the Term Loan Agreement in excess of the Term Loan Cap;
(ii) shorten the scheduled maturity of any loans under the Term Loan Agreement to a date prior to the scheduled maturity date of the loans under the Term Loan Agreement as in effect on the date hereof;
(iii) add or modify any restriction on payment or prepayment of the ABL Debt;
(iv) add any restriction on amendments, waivers or other modifications to the ABL Documents;
(v) shorten the weighted average life to maturity of any Term Loan Debt to a period less than the weighted average life to maturity of the Term Loan Debt as of the date hereof; or
(vi) contravene the provisions of this Agreement.
Amendments to Term Loan Documents. The Borrowers will not, and will not permit any of their Subsidiaries to, amend, supplement or otherwise modify any of the Term Loan Documents in any manner that shortens the maturity or average life to maturity of the Term Loan Facility or adds or modifies to make more burdensome on the Borrowers and their Subsidiaries the terms of any required prepayments, redemptions or repurchases (other than waivers or deferrals thereof) in respect of the Term Loan Facility or in any manner that is prohibited by the Intercreditor Agreement, in each case, without the written consent of the Required Lenders. The Borrowers will not, and will not permit any of their Subsidiaries to, make any payment which would not have been made in the absence of an amendment or change of terms of the Term Loan Facility unless such amendment or change has been approved by the Required Lenders as provided in the preceding sentence.”
Amendments to Term Loan Documents. No right of the Term Loan Agent or any of the other Term Loan Secured Parties to enforce any provision of this Agreement or any of the Term Loan Documents shall at any time in any way be prejudiced or impaired by any act or failure to act on the part of any Grantor or by any act or failure to act by Term Loan Agent or any other Term Loan Secured Party, or by any noncompliance by any Person with the terms, provisions and covenants of this Agreement, any of the Revolving Credit Documents or any of the Term Loan Documents, regardless of any knowledge thereof which the Term Loan Agent or any of the other Term Loan Secured Parties may have or be otherwise charged with.
Amendments to Term Loan Documents. Borrower shall not, and shall not permit any other Loan Party to, (a) amend, modify or waive any provision of the Term Loan Agreement or any document, instrument or agreement entered into in connection therewith if such amendment, modification or waiver is prohibited under any intercreditor agreement described in Section 7.09(h) or otherwise could reasonably be expected to be materially adverse to the interests of the Administrative Agent, the Collateral Agent or the Lenders, (b) xxxxx x Xxxx on any property to secure the Debt arising under and governed by the Term Loan Agreement (herein referred to as the “Term Debt”) without contemporaneously granting to Collateral Agent, as security for the Obligations, a Lien on the same property pursuant to Collateral Documents in form and substance satisfactory to Collateral Agent, (c) call, make or offer to make any prepayment or repurchase of or otherwise prepay any Term Debt (including any optional or mandatory prepayment of any Term Debt) with proceeds of any Credit Extension, or (d) call, make or offer to make any optional prepayment or optional repurchase of or otherwise optionally prepay any Term Debt if (A) a Default or Event of Default exists and is continuing and/or (B) Borrower would not be in pro forma compliance with the financial covenants in Section 7.02 immediately before or immediately after giving effect to such prepayment.
t) Section 8.01(j) of the Credit Agreement is amended to replace each reference to “Administrative Agent” therein with “Collateral Agent”.
u) Section 8.02, Section 8.03, Article IX, Section 10.01, Section 10.02, Section 10.03, Section 10.04 and Section 10.05(a) of the Credit Agreement are each amended to delete the red stricken text (indicated in the same manner as the following example: stricken text) and to add the blue double underlined text (indicated in the same manner as the following example: underlined text) as and where indicated in Annex A attached hereto.
Amendments to Term Loan Documents. Holdings and the Company shall not, and shall not permit any Group Member to, terminate or agree to any amendment, supplement, or other modification of (pursuant to a waiver or otherwise) any Term Loan Document if the effect of such amendment, modification or other change is to: (1) increase the outstanding principal amount of the Term Loans in an amount in excess of what is permitted hereunder; (2) cause an absolute value increase in the applicable margin (including any applicable rate floor) and fees, including any original issue discount, of greater than three percent (3.00%); (3) accelerate the dates for payments of principal and interest on account of the Term Loans; (4) change any provisions related to mandatory repayments required under the Term Loan Documents; (5) change the definition of “Excess Cash Flow” (or any component definitions thereof) in a manner that would require greater payments on account of the Term Loans, and (6) to the extent applicable, expand the voting rights or permitted hold position of any Affiliate of any Loan Party that is a Term Lender.
