Amendments to Underlying Instruments Sample Clauses

Amendments to Underlying Instruments. (a) In the performance of its obligations hereunder, so long as no Event of Default shall have occurred and be continuing and no Borrowing Base Deficiency is in effect (or would result from such action), the Borrower (or the Investment Manager on its behalf) may enter into any amendment, modification or waiver of, consent or supplement to, or inaction with respect to any Underlying Instrument (each, an “Amendment”); provided that, if any such Amendment is a Material Modification: (1) unless the Administrative Agent has otherwise expressly consented to such Amendment (such consent to be granted or withheld in the Administrative Agent’s sole and absolute discretion; provided that any failure by the Administrative Agent to respond within 15 Business Days (but only when the Borrower (or the Investment Manager on its behalf) has repeated the request again at least 7 Business Days prior to the effective date on the documentation containing such Material Modification) shall be deemed to constitute a consent), the Adjusted Balance of any Collateral Obligation subject to a Material Modification shall be zero upon the effective date on the documentation containing such Material Modification unless the Administrative Agent provides a different Adjusted Balance in writing; and (2) in respect of any Material Modification: (A) the Borrower shall have delivered to the Administrative Agent a summary of such Material Modification, along with a description of the rationale of such request and the then-most recent available draft documentation in connection therewith (each, a “Draft Amendment Package”) and requested confirmation that the Administrative Agent (in its sole and absolute discretion) consents to such Amendment (each, a “Material Modification Consent Request”); and (B) either:
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Amendments to Underlying Instruments. (a) Subject to the restrictions contained in this Section 12.5, the Issuer may enter into any exchange, amendment or waiver of or supplement to any Underlying Instrument.
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Amendments to Underlying Instruments. (a) The Issuer may enter into any exchange, amendment or waiver of or supplement to any Underlying Instrument; provided that the prior written consent of a Majority of the Controlling Class to any such exchange, amendment, waiver or supplement shall be required if (i) an Event of Default has occurred and is continuing or would result from such exchange, amendment, waiver or supplement, (ii) such exchange, amendment, waiver or supplement, individually or together with all other such exchanges, amendments, waivers and/or supplements, would result in a Material Adverse Effect or (iii) such exchange, amendment, waiver or supplement constitutes a Specified Change; provided that in the case of the foregoing clause (iii), if thea Majority of the Controlling Class have not responded in any manner to a request relating to such exchange, amendment, waiver or supplement within 10 Business Days following the delivery of notice thereof, thea Majority of the Controlling Class shall have been deemed to consent to such exchange, amendment, waiver or supplement. Any Collateral Obligation that, as a result of any exchange thereof or amendment, waiver or supplement thereto, ceases to qualify as a Collateral Obligation, will thereafter have a value equal to zero when calculating the Principal Collateralization Amount for purposes of the Overcollateralization Ratio Test for so long as it remains unqualified to be a Collateral Obligation by the terms of this Indenture. In the event of an exchange of or amendment, waiver or supplement to a Collateral Obligation that results in the failure of the Maximum Weighted Average Life Test (but would otherwise qualify as a Collateral Obligation), such Collateral Obligation will thereafter be treated as a Defaulted Obligation until such time as the Maximum Weighted Average Life Test is satisfied (provided that, if at the time of such satisfaction of the Maximum Weighted Average Life Test, such Collateral Obligation would otherwise be considered a Defaulted Obligation in accordance with the terms of this Indenture, such Collateral Obligation will continue to be treated as a Defaulted Obligation). In connection with a Specified Change to a Collateral Obligation with respect to which consent from a Majority of the Controlling Class is required for the Issuer to enter into such Specified Change, if a Majority of the Controlling Class has requested that the Issuer not enter into such Specified Change within 10 Business Days of the delivery of n...
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Amendments to Underlying Instruments. 112 SECTION 9.
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Amendments to Underlying Instruments. In the performance of its obligations hereunder, so long as no Event of Default shall have occurred and be continuing, the Borrower (or the Services Provider on its behalf) may enter into any amendment or waiver of, or supplement to, any Underlying Instrument (each, an “Amendment”); provided that:
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Amendments to Underlying Instruments. (a) In the performance of its obligations hereunder, so long as no Event of Default shall have occurred and be continuing, the Borrower (or the Investment Manager on its behalf) may enter into any amendment, modification or waiver of, consent or supplement to, or inaction with respect to any Underlying Instrument (each, an “Amendment”); provided that: (1) unless the Administrative Agent has otherwise expressly consented to such Amendment (such consent to be granted or withheld in the Administrative Agent’s sole and absolute discretion), the Adjusted Balance of any Collateral Obligation subject to a Material Modification shall be zero upon the effective date on the documentation containing such Material Modification unless the Administrative Agent provides a different Adjusted Balance in writing; and (2) in respect of any Material Modification: (A) the Borrower shall have delivered to the Administrative Agent a summary of such Material Modification, along with a description of the rationale of such request and the then-most recent available draft documentation in connection therewith (each, a “Draft Amendment Package”) and requested confirmation that the Administrative Agent (in its sole and absolute discretion) has determined that such Amendment will not be materially adverse to the value of such Collateral Obligation (each, a “Material Modification Request”); and (B) either:
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Related to Amendments to Underlying Instruments

  • AMENDMENTS TO THE CONTRACT This Contract shall not be altered, amended, or modified by oral representation made before or after the execution of this Contract. All amendments or changes of any kind must be in writing, executed by all Parties.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Amendments to Loan Documents Upon any such assignment, the Borrower and the Guarantors shall, upon the request of the Agent, enter into such documents as may be reasonably required by the Agent to modify the Loan Documents to reflect such assignment.

  • Amendments to the Purchase Agreement (a) Section 1.6 of the Purchase Agreement is hereby amended and restated in its entirety as follows:

  • Amendments to Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendments to Financing Agreement Subject to the satisfaction of the conditions precedent set forth in Section 4 hereof, the Financing Agreement shall be amended as follows: (a) Section 1.01 of the Financing Agreement is hereby amended by adding the following defined terms in appropriate alphabetical order:

  • Amendments to Agreements The Company shall not amend, modify or otherwise change the Warrant Agreement, Trust Agreement, Registration Rights Agreement, Purchase Agreements, the Services Agreement, or any Insider Letter without the prior written consent of the Representative which will not be unreasonably withheld. Furthermore, the Trust Agreement shall provide that the trustee is required to obtain a joint written instruction signed by both the Company and the Representative with respect to the transfer of the funds held in the Trust Account from the Trust Account, prior to commencing any liquidation of the assets of the Trust Account in connection with the consummation of any Business Combination, and such provision of the Trust Agreement shall not be permitted to be amended without the prior written consent of the Representative.

  • Amendments to the Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendments to Servicing Agreements, Modification of Standard Provisions (a) Subject to the prior written consent of the Trustee pursuant to Section 3.07(b), the Master Servicer from time to time may, to the extent permitted by the applicable Servicing Agreement, make such modifications and amendments to such Servicing Agreement as the Master Servicer deems necessary or appropriate to confirm or carry out more fully the intent and purpose of such Servicing Agreement and the duties, responsibilities and obligations to be performed by the Servicer thereunder. Such modifications may only be made if they are consistent with the REMIC Provisions, as evidenced by an Opinion of Counsel. Prior to the issuance of any modification or amendment, the Master Servicer shall deliver to the Trustee such Opinion of Counsel and an Officer's Certificate setting forth (i) the provision that is to be modified or amended, (ii) the modification or amendment that the Master Servicer desires to issue and (iii) the reason or reasons for such proposed amendment or modification. (b) The Trustee shall consent to any amendment or supplement to a Servicing Agreement proposed by the Master Servicer pursuant to Section 3.07(a), which consent and amendment shall not require the consent of any Certificateholder if it is (i) for the purpose of curing any mistake or ambiguity or to further effect or protect the rights of the Certificateholders or (ii) for any other purpose, provided such amendment or supplement for such other purpose cannot reasonably be expected to adversely affect Certificateholders. The lack of reasonable expectation of an adverse effect on Certificateholders may be established through the delivery to the Trustee of (i) an Opinion of Counsel to such effect or (ii) written notification from each Rating Agency to the effect that such amendment or supplement will not result in reduction of the current rating assigned by that Rating Agency to the Certificates. Notwithstanding the two immediately preceding sentences, the Trustee may, in its discretion, decline to enter into or consent to any such supplement or amendment if its own rights, duties or immunities shall be adversely affected. (i) Notwithstanding anything to the contrary in this Section 3.07, the Master Servicer from time to time may, without the consent of any Certificateholder or the Trustee, enter into an amendment (A) to an Other Servicing Agreement for the purpose of (i) eliminating or reducing Month End Interest and (ii) providing for the remittance of Full Unscheduled Principal Receipts by the applicable Servicer to the Master Servicer not later than the 24th day of each month (or if such day is not a Business Day, on the previous Business Day) or (B) to the WFHM Servicing Agreement for the purpose of changing the applicable Remittance Date to the 18th day of each month (or if such day is not a Business Day, on the previous Business Day). (ii) The Master Servicer may direct WFHM to enter into an amendment to the WFHM Servicing Agreement for the purposes described in Sections 3.07(c)(i)(B) and 10.01(b)(iii).

  • Amendments to Security Agreement (a) Section 1 of the Security Agreement is hereby amended by adding the following definitions in the appropriate alphabetical order to such Section:

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