Common use of Amendments, Waivers and Consents; Renewal Clause in Contracts

Amendments, Waivers and Consents; Renewal. Except as set forth below, any term, covenant, agreement or condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit Lenders, and any consent given by the Required Revolving Credit Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Lenders (or by the Agent with the consent of the Required Revolving Credit Lenders) and delivered to the Agent and, in the case of an amendment, signed by the Borrower; provided that no amendment, waiver or consent shall (a) change the amount or extend the time of the obligation of the Revolving Credit Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to the Borrowing Base), (b) change the originally scheduled time or times of payment of the principal of any Revolving Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan or Reimbursement Obligation, (c) decrease the rate of interest payable on any Revolving Loan or Reimbursement Obligation, (d) change the amount or time of payment of any fees payable by the Borrower hereunder, (e) release the Borrower (or any of them) from all or any portion of the Obligations hereunder; (f) release any Collateral except as specifically authorized in the Loan Documents and in connection with the approved asset sales set forth in Article X hereof; (g) amend, waive or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) or Article XI (Default and Remedies) hereof; or (h) amend the provisions of this Section 13.11 or the definition of Required Revolving Credit Lenders, without the prior written consent of each Revolving Credit Lender. In addition, no amendment, waiver or consent to the provisions of Article XII shall be made without the written consent of the Agent.

Amendments, Waivers and Consents; Renewal. Except as set forth below, any term, covenant, agreement or M#368727 73 condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit Lenders, and any consent given by the Required Revolving Credit Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Lenders (or by the Agent with the consent of the Required Revolving Credit Lenders) and delivered to the Agent and, in the case of an amendment, signed by the Borrower; provided that no amendment, waiver or consent shall (a) change the amount or extend the time of the obligation of the Revolving Credit Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to the Borrowing Base2.6), (b) change the originally scheduled time or times of payment of the principal of any Revolving Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan or Reimbursement Obligation, (c) decrease the rate of interest payable on any Revolving Loan or Reimbursement Obligation, (d) change the amount or time of payment of any fees payable by the Borrower hereunder, (e) release the Borrower (or any of them) from all or any portion of the Obligations hereunder; (f) release any Collateral except as specifically authorized in the Loan Documents and in connection with the approved asset sales set forth in Article X hereof; (g) amend, waive or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) or Article XI (Default and Remedies) hereof; or (h) amend the provisions of this Section 13.11 or the definition of Required Revolving Credit LendersLenders or (f) release Waxxxxx Xoods, Inc. as a Guarantor, without the prior written consent of each Revolving Credit Lender. In addition, no amendment, waiver or consent to the provisions of Article XII shall be made without the written consent of the Agent.

Amendments, Waivers and Consents; Renewal. (a) Except as set forth below, any term, covenant, agreement or condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit Lenders, and any consent given by the Required Revolving Credit Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Lenders (or by the Administrative Agent with the written consent of the Required Revolving Credit Lenders) and delivered to the Administrative Agent and, in the case of an amendment, signed by the BorrowerBorrowers; provided provided, that no amendment, waiver or consent shall (ai) change release any Borrower or the Guarantor from its Obligations hereunder, (ii) increase the amount or extend the time of the obligation of the Revolving Credit Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to the Borrowing Base2.7), (biii) change extend the originally scheduled time or times of payment of any fees due hereunder or the principal of any Revolving Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan, Letter of Credit or Reimbursement Obligation, (iv) reduce the rate of interest or fees payable on any Loan or Reimbursement Obligation, (cv) decrease permit any subordination of the rate of principal or interest payable on any Revolving Loan or Reimbursement Obligation, (dvi) change extend the amount or time of payment expiration date of any fees payable by Letter of Credit beyond the Borrower hereunderRevolving Credit Termination Date, (evii) release the Borrower (or any of them) from all or any material portion of the Obligations hereunder; (f) Collateral or release any Collateral except Security Document (other than the release of assets specifically permitted to be sold or otherwise transferred pursuant to the terms hereof and other than as specifically authorized in permitted by the Loan Documents and in connection with applicable Security Document) (viii) amend the approved asset sales set forth in Article X hereof; (g) amend, waive definitions of Alternative Currency or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) or Article XI (Default and Remedies) hereof; Permitted Currency or (hix) amend the provisions of this Section 13.11 14.11 or the definition of Required Revolving Credit Lenders, without the prior written consent of each Revolving Credit Lender. In addition, no amendment, waiver or consent to the provisions of Article XII XIII shall be made without the written consent of the Agentaffected Agents.

Amendments, Waivers and Consents; Renewal. Except as set ----------------------------------------- forth below, any term, covenant, agreement or condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit Lenders, and any consent given by the Required Revolving Credit Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Lenders (or by the Administrative Agent with the consent of the Required Revolving Credit Lenders) and delivered to the Administrative Agent and, in the case of an amendment, signed by the BorrowerBorrowers; provided provided, that -------- no amendment, waiver or consent shall (a) change increase the amount or extend the time of the obligation of the Revolving Credit Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to the Borrowing Base)Loans, (b) change extend the originally scheduled time or times of payment of the principal of any Revolving Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan or Reimbursement ObligationLoan, (c) decrease reduce the rate of interest or fees payable on any Revolving Loan or Reimbursement ObligationLoan, (d) change permit any subordination of the amount principal or time of payment of interest on any fees payable by the Borrower hereunderLoan, (e) release the Borrower any Collateral or Security Document (or any of themother than (i) from all or any portion upon termination of the Obligations hereunder; Commitments and payment and satisfaction of all Obligations, (ii) Collateral constituting property being sold or disposed of if Borrowers certify to the Administrative Agent that the sale or disposition is made in compliance with the provisions of this Agreement and the Security Documents, upon which certification the Administrative Agent may conclusively rely in good faith, without further inquiry, or (iii) as specifically permitted in this Agreement or the applicable Security Document) or (f) release any Collateral except as specifically authorized in the Loan Documents and in connection with the approved asset sales set forth in Article X hereof; (g) amend, waive or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) or Article XI (Default and Remedies) hereof; or (h) amend the provisions of this Section 13.11 12.10 or the definition of Required Revolving Credit Lenders, without the prior written consent of each Revolving Credit Lender. In addition, no amendment, waiver or consent to the provisions of Article XII XI shall be made without the written consent of the Administrative Agent.

Amendments, Waivers and Consents; Renewal. Except as set forth below, any term, covenant, agreement or condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit Term Lenders, and any consent given by the Required Revolving Credit Term Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Term Lenders (or by the Agent with the consent of the Required Revolving Credit Term Lenders) and delivered to the Agent and, in the case of an amendment, signed by the Borrower; provided that no amendment, waiver or consent shall (a) change the amount or extend the time of the obligation of the Revolving Credit Term Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to provide the Borrowing Base)Term Loan, (b) change the originally scheduled time or times of payment of the principal of any Revolving the Term Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan or Reimbursement Obligationthe Term Loan, (c) decrease the rate of interest payable on any Revolving Loan or Reimbursement Obligationthe Term Loan, (d) change the amount or time of payment of any fees payable by the Borrower hereunder, (e) release the Borrower (or any of them) from all or any portion of the Obligations hereunder; , (f) release any Collateral except as specifically authorized in the Loan Documents and in connection with the approved asset sales set forth in Article X hereof; (g) amend, waive or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) ), or Article XI (Default Defaults and Remedies) hereof; or (hg) amend the provisions of this Section 13.11 or the definition of Required Revolving Credit Term Lenders, without the prior written consent of each Revolving Credit Term Lender. In addition, no amendment, waiver or consent to the provisions of Article XII shall be made without the written consent of the Agent.

Amendments, Waivers and Consents; Renewal. (a) Except as set forth below, any term, covenant, agreement or condition of this Agreement or any of the other Loan Documents may be amended or waived by the Required Revolving Credit LendersLenders (excluding any Hedging Agreement that is a Loan Document, which may be amended in accordance with its terms), and any consent given by the Required Revolving Credit Lenders, if, but only if, such amendment, waiver or consent is in writing signed by the Required Revolving Credit Lenders (or by the Administrative Agent with the written consent of the Required Revolving Credit Lenders) and delivered to the Administrative Agent and, in the case of an amendment, signed by the BorrowerBorrowers; provided provided, that no amendment, waiver or consent shall (ai) change release any Borrower or the Guarantor from its Obligations hereunder, (ii) increase the amount or extend the time of the obligation of the Revolving Credit Lenders to make Revolving Loans or issue or participate in Letters of Credit (including without limitation pursuant to Section 2.6 but not including changes or adjustments to the Borrowing Base2.7), (biii) change extend the originally scheduled time or times of payment of any fees due hereunder or the principal of any Revolving Loan or Reimbursement Obligation or the time or times of payment of interest on any Revolving Loan, Letter of Credit or Reimbursement Obligation, (iv) reduce the rate of interest or fees payable on any Loan or Reimbursement Obligation, (cv) decrease permit any subordination of the rate of principal or interest payable on any Revolving Loan or Reimbursement Obligation, (dvi) change extend the amount or time of payment expiration date of any fees payable by Letter of Credit beyond the Borrower hereunderRevolving Credit Termination Date, (evii) release the Borrower (or any of them) from all or any material portion of the Obligations hereunder; (f) Collateral or release any Collateral except Security Document (other than the release of assets specifically permitted to be sold or otherwise transferred pursuant to the terms hereof and other than as specifically authorized in permitted by the Loan Documents and in connection with applicable Security Document) (viii) amend the approved asset sales set forth in Article X hereof; (g) amend, waive definitions of Alternative Currency or alter any provision of Article I (Definitions), Article IX (Financial Covenants), Article X (Negative Covenants) or Article XI (Default and Remedies) hereof; Permitted Currency or (hix) amend the provisions of this Section 13.11 14.11 or the definition of Required Revolving Credit Lenders, without the prior written consent of each Revolving Credit Lender. Further, no amendment, waiver or consent shall waive any Default or Event of Default arising under Section 12.1(i) or otherwise modify such Section 12.1(i) without the prior written consent of the Supermajority Lenders. In addition, no amendment, waiver or consent to the provisions of Article XII XIII shall be made without the written consent of the Agentaffected Agents.