Common use of Amendments, Xxx Clause in Contracts

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notes, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: (a) waive any of the conditions specified in Section 3.01, (b) increase the Commitments of the Lenders, (c) reduce the principal of, or interest on, the Advances or, to the extent then accrued, other amounts payable hereunder, (d) postpone any date fixed for any payment of principal of, or interest on, the Advances or, to the extent then accrued, other amounts payable hereunder, (e) change the definition of “Required Lenders” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (f) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower or any other Credit Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersBorrower or the applicable Credit Party, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written consent of the conditions specified in Section 3.01, such Lender; (b) increase postpone any date fixed by this Agreement or any other Loan Document for any payment of principal, interest (other than default interest), fees or other amounts due to the Commitments Lenders (or any of them) hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; provided that for the avoidance of doubt, mandatory prepayments pursuant to Section 2.03 may be postponed, delayed, reduced, waived or modified with the consent of the Required Lenders, ; (c) reduce the principal of, or the rate of interest specified herein on, any Loan, or (subject to clause (v) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunderhereunder or under any other Loan Document relating to the Loans, without the written consent of each Lender directly affected thereby; provided, however, that only the consent of the Required Lenders shall be necessary to amend the definition of “Default Rate” (so long as such amendment does not result in the Default Rate being lower than the interest then applicable) or to waive any obligation of the Borrower to pay interest at the Default Rate; (d) postpone (i) change Section 2.11 or Section 8.03 in a manner that would alter the pro rata sharing of payments required thereby or the order of the application of payments thereunder, in each case, without the written consent of each Lender directly affected thereby or (ii) change the order of application of any date fixed for reduction in the Commitments or any payment prepayment of principal ofLoans set forth in the applicable provisions of Section 2.03, or interest on, in any manner that materially and adversely affects a Lender without the Advances or, to written consent of the extent then accrued, other amounts payable hereunder, Required Lenders; (e) change any provision of this Section or the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder (other than the Commitments definitions specified in clause (ii) below) without the written consent of each Lender; (i) release all or substantially all of the aggregate unpaid principal Collateral in any transaction or series of related transactions, (ii) release all or substantially all of the Guarantors party to the Guarantees or release the Borrower, (iii) subordinate the Obligations hereunder to any other Indebtedness or (iv) except as provided by operation of applicable Law, subordinate the Liens on all or substantially all of the Collateral granted in favor of the Administrative Agent for itself and the other Secured Parties under the Security Documents to any other Lien, in each case, without the written consent of each Lender; (i) increase the advance rates set forth in or otherwise amend the definition of “Borrowing Base” (including component definitions therein) without the written consent of each Lender, (ii) amend the definition of “Reserves” (including component definition thereof) without the written consent of each Lender, (iii) make less restrictive the eligibility criteria contained in the definitions of “Eligible Domestic Accounts”, “Eligible Domestic Investment Grade Accounts”, “Eligible Domestic Non-Investment Grade Accounts”, “Eligible Unbilled Domestic Accounts”, “Eligible Unbilled Foreign Accounts”, “Eligible Foreign Accounts” or “Protective Advance” without the written consent of each Lender, or (iv) amend Section 2.15 without the consent of each Lender in each case, in a manner which would result in a greater amount of credit being made available to the Advances, or the number of Lenders, Borrower (it being understood and agreed that shall be required for the Lenders or any of them to take any action hereunder, (f) alter the manner nothing in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or this clause (g) amend this Section 8.01shall limit, restrict or impair the rights of the Administrative Agent to impose or establish any and all Reserves, and thereafter to reduce or eliminate such Reserves or to determine the eligibility of Collateral for inclusion in the calculation of the Borrowing Base); and or (h) without the prior written consent of each Lender, impose any materially greater restriction on the ability of any Lender to assign any of its rights or obligations hereunder; provided further further, however, that (i) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above to take such actionabove, affect the rights or duties of the Administrative Agent under this Agreement or any Noteother Loan Document; (ii) Section 10.06(g) may not be amended, waived or otherwise modified without the consent of each Granting Lender all or any part of whose Loans are being funded by an SPC at the time of such amendment, waiver or other modification; (iii) Section 2.07(b) may be amended, or rights or privileges thereunder waived, in a writing executed only by the Borrower and the Administrative Agent; (iv) typographical or scrivener’s errors may be corrected solely with the consent of the Borrower or any other applicable Credit Party and the Administrative Agent, and (v) no amendment, waiver or consent which has the effect of enabling the Borrower to satisfy any condition to a Borrowing contained in Section 4.02 hereof which, but for such amendment, waiver or consent would not be satisfied, shall be effective to require the Lenders to make any additional Revolving Credit Loans, unless and until the Required Lenders (or, if applicable, all Lenders) shall have approved such amendment, waiver or consent.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor consent to any departure by the Borrower any Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by the Borrower and (or consented to by) each Lender affected thereby, do any of the following: : (a) waive any of the conditions specified in Section 3.01, ; (b) increase the Revolving Credit Commitments of the Lenders, such Lender other than as provided in Section 2.19; (c) reduce the principal of, or rate of interest on, the Revolving Credit Advances, the Term Advances, the Letters of Credit, the Swing Line Advances or, to the extent then accrued, or any fees or other amounts payable hereunder, ; (d) postpone any date fixed for any payment of principal of, or interest on, the Revolving Credit Advances or, to the extent then accrued, or Swing Line Advances or any fees or other amounts payable hereunder, hereunder other than as provided in Section 2.20; (e) change the definition of “Required Lenders” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Revolving Credit Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, ; (f) alter Reserved; (g) other than pursuant to the manner in which payment terms of the Subsidiary Guarantees, release the Subsidiary Guarantors (or prepayments of principal, interest or other amounts hereunder shall be applied as among otherwise limit such Subsidiary Guarantors’ liability with respect to the obligations owing to the Agent and the Lenders under the Subsidiary Guaranties) if such release or limitation is in respect of substantially all of the value of the Subsidiary Guaranties to the Agent and the Lenders; (gh) release all or substantially all of the Collateral in any transaction or series of related transactions; (i) release the Company (or otherwise limit the Company’s liability with respect to the obligations of the Subsidiary Borrowers) from its guaranty set forth in Article VII hereof; or (j) amend this Section 8.019.01 or the definition of “Required Lenders”; and provided further that (w) no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note, (x) no amendment, waiver or consent shall, unless in writing and signed by the Swing Line Bank in addition to the Lenders required above to take such action, adversely affect the rights or obligations of the Swing Line Bank in its capacities as such under this Agreement and (y) no amendment, waiver or consent shall, unless in writing and signed by the Issuing Banks in addition to the Lenders required above to take such action, adversely affect the rights or obligations of the Issuing Banks in their capacities as such under this Agreement and (z) the consent of Lenders having at least a majority (based on the Equivalent in Dollars at such time) in interest of a Facility shall be required with respect to any amendment or waiver that by its terms adversely affects the rights of Lenders under such Facility in respect of payments hereunder in a manner different than such amendment or waiver affects other Facilities. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except that (x) the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender. Notwithstanding the foregoing, in addition to any credit extensions and related incremental amendment agreements effectuated without the consent of Lenders in accordance with Section 2.04(b), this Agreement may be amended (or amended and restated) with the written consent of the Required Lenders, the Agent and the Company (a) to add one or more additional credit facilities to this Agreement and to permit the extensions of credit from time to time outstanding thereunder and the accrued interest and fees in respect thereof to share ratably in the benefits of this Agreement and the other Loan Documents with the Advances hereunder and the accrued interest and fees in respect thereof and (b) to include appropriately the Lenders holding such credit facilities in any determination of the Required Lenders and other definitions related to such new loans. In addition, notwithstanding the foregoing, this Agreement may be amended with the written consent of the Agent, the Company and the Lenders providing the relevant Replacement Term Loans (as defined below) to permit the refinancing, replacement or modification of all outstanding Term A Advances, all outstanding CDN Term A Advances, all outstanding JPY Term A Advances, all outstanding Euro Term A Advances, all outstanding Term B Advances or all outstanding Euro Term B Advances (“Replaced Term Loans”) with a replacement term loan tranche hereunder (“Replacement Term Loans”), provided that (a) the aggregate principal amount of such Replacement Term Loans shall not exceed the aggregate principal amount of such Replaced Term Loans, (b) the Applicable Margin for such Replacement Term Loans shall not be higher than the Applicable Margin for such Replaced Term Loans, (c) the weighted average life to maturity of such Replacement Term Loans shall not be shorter than the weighted average life to maturity of such Replaced Term Loans at the time of such refinancing, and (d) all other terms applicable to such Replacement Term Loans shall be substantially identical to, or no less favorable to the Lenders providing such Replacement Term Loans taken as a whole than, those applicable to such Replaced Term Loans, except to the extent necessary to provide for covenants and other terms applicable to any period after the latest final maturity of the Term Advances as applicable in effect immediately prior to such refinancing. Furthermore, and notwithstanding anything else to the contrary contained in this Section 9.01, (i) if the Agent and the Company shall have jointly identified an obvious error or any error or omission of a technical nature, in each case, in any provision of this Agreement or any other Loan Document, then the Agent and the Company shall be permitted to amend such provision and (ii) the Agent and the Company shall be permitted to amend any provision of any Collateral Document to better implement the intentions of this Agreement and the other Loan Documents, and in each case, such amendments shall become effective without any further action or consent of any other party to any Loan Document if the same is not objected to in writing by the Required Lenders within five Business Days following receipt of notice thereof.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower any Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Administrative Agent (at the direction of the Required Lenders) and the Required Lenders (or the Administrative Agent, with the consent of the Required Lenders), and then the Lead Borrower or the applicable Loan Party, as the case may be, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall: (a) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written consent of such Lender; (b) as to any Lender, unless in writing and signed postpone any date fixed by this Agreement or any other Loan Document for any scheduled payment (including the Borrower and each Lender affected therebyMaturity Date) of principal, do interest, fees or other amounts due hereunder or under any of the following: other Loan Documents (abut, for clarity, not including any mandatory payment required by Section 2.05(e)) waive any without the written consent of the conditions specified in Section 3.01, (b) increase the Commitments of the Lenders, such Lender; (c) as to any Lender, reduce the principal of, or the rate of interest onspecified herein, on any Loan or L/C Borrowing payable to such Lender, or (subject to clause (v) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunderhereunder or under any other Loan Document to such Lender; provided, (d) postpone any date fixed for any payment however, that only the consent of principal of, or interest on, the Advances or, Required Lenders of the relevant Class shall be necessary to the extent then accrued, other amounts payable hereunder, (e) change amend the definition of “Required LendersDefault Rate” or the percentage to waive any obligation of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders or any of them Borrowers to take any action hereunder, (f) alter the manner in which payment or prepayments of principal, pay interest or other amounts hereunder shall be applied as among Letter of Credit Fees at the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note.Default Rate;

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersBorrower or the applicable Loan Party, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written consent of the conditions specified such Lender (it being understood and agreed that a waiver of any condition precedent set forth in Section 3.01, 4.02 or of any Default or a mandatory reduction in Commitments is not considered an extension or increase in Commitments of any Lender); (b) increase postpone any date fixed by this Agreement or any other Loan Document for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Commitments Lenders (or any of them) or any scheduled or mandatory reduction of the Lenders, Aggregate Revolving Commitments hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (c) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing or (subject to clause (v) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunder, (d) postpone hereunder or under any date fixed for any payment of principal ofother Loan Document, or change the manner of computation of the Leverage Ratio (including any change in such defined term or defined terms used directly or indirectly in the definition of Leverage Ratio), as it is used in determining the Applicable Rate, that would result in a reduction of any interest onrate on any Loan or any fee payable hereunder without the written consent of each Lender directly affected thereby; provided, however, that only the Advances or, consent of the Required Lenders shall be necessary to the extent then accrued, other amounts payable hereunder, (e) change amend the definition of “Required LendersDefault Rate” or the percentage to waive any obligation of the Commitments Borrower to pay interest at the Default Rate or Letter of Credit Fees at the aggregate unpaid principal amount of the Advances, or the number of Lenders, Default Rate; (d) change Section 8.03 in a manner that shall be required for the Lenders or any of them to take any action hereunder, (f) would alter the manner in which payment or prepayments pro rata sharing of principal, interest or other amounts hereunder shall be applied as among payments required thereby without the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or written consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note.each Lender directly affected thereby;

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower any Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower and Administrative Agent, with the Consent of the Required Lenders, and then the Parent or the applicable Loan Party, as the case may be, and each such waiver or consent Consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall: (a) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written Consent of such Lender; (b) postpone any date fixed by this Agreement or any other Loan Document for (i) any scheduled payment (including the Maturity Date) of principal, interest, fees or other amounts due hereunder or under any of the other Loan Documents without the written Consent of each Lender directly affected thereby (it being understood that postponements of the date for mandatory prepayments required by Section 2.05 may be made with the consent of the Required Lenders and shall not be subject to this clause (b)) or (ii) any scheduled or mandatory reduction of the Aggregate Total Commitments hereunder or under any other Loan Document, without the written Consent of each Lender directly affected thereby; (c) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing, or any fees or other amounts payable hereunder or under any other Loan Document, without the written Consent of each Lender directly affected thereby; provided, however, that only the Consent of the Required Lenders shall be necessary (i) to amend the definition of “Default Rate” or to waive any obligation of the Borrowers to pay interest or Letter of Credit Fees at the Default Rate; (d) change Section 2.13 or Section 8.03 without the written Consent of each Lender directly affected thereby; (e) change any provision of this Section or the definition of “Required Lenders”, or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder, or consent to the assignment or transfer by any Loan Parties of any of its rights and obligations under this Agreement and the other Loan Documents, in each case without the written Consent of each Lender; (f) except as expressly permitted hereunder or under any other Loan Document, release, or limit the liability of, any Loan Party without the written Consent of each Lender; (g) except for Dispositions permitted under Section 7.05 hereof or as provided in Section 9.10, release all or substantially all of the Collateral from the Liens of the Security Documents without the written Consent of each Lender; (h) change the definition of the term “Domestic Borrowing Base”, “Canadian Borrowing Base”, “Combined Borrowing Base” or any component definition of either term, if as a result thereof the amount of credit available to the Borrowers hereunder would be increased without the written Consent of each Lender, provided that the foregoing shall not limit the discretion of the Administrative Agent to change, establish or eliminate any Reserves with respect to the Domestic Borrowing Base, or the Canadian Agent to change, establish or eliminate any Reserves with respect to the Canadian Borrowing Base even if such change or elimination results in an increase in the amount of credit available to the Borrowers hereunder; (i) modify the definition of “Domestic Permitted Overadvance” or the definition of “Canadian Permitted Overadvance” so as to increase the amount thereof or, except as provided in such definitions, the time period for a Domestic Permitted Overadvance or a Canadian Permitted Overadvance without the written Consent of each Lender; and (j) except as expressly permitted herein or in any other Loan Document, subordinate the Obligations hereunder or the Liens granted hereunder or under the other Loan Documents, to any other Indebtedness or Lien, as the case may be without the written Consent of each Lender; and, provided further, that (i) no amendment, waiver or Consent shall, unless in writing and signed by the Borrower and each Lender affected therebyL/C Issuer in addition to the Lenders required above, do any affect the rights or duties of the following: (a) waive any of the conditions specified in Section 3.01, (b) increase the Commitments of the Lenders, (c) reduce the principal of, or interest on, the Advances or, to the extent then accrued, other amounts payable hereunder, (d) postpone any date fixed for any payment of principal of, or interest on, the Advances or, to the extent then accrued, other amounts payable hereunder, (e) change the definition of “Required Lenders” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders L/C Issuer under this Agreement or any Issuer Document relating to any Letter of them Credit issued or to take any action hereunder, be issued by it; (fii) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent Consent shall, unless in writing and signed by the Agent Swing Line Lender in addition to the Lenders required above to take such actionabove, affect the rights or duties of the Swing Line Lender under this Agreement; (iii) no amendment, waiver or Consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or duties of the Administrative Agent under this Agreement or any Noteother Loan Document; (iv) no amendment, waiver or Consent shall, unless in writing and signed by the Collateral Agent in addition to the Lenders required above, affect the rights or duties of the Collateral Agent under this Agreement or any other Loan Document, (v) no amendment, waiver or Consent shall, unless in writing and signed by the Canadian Agent in addition to the Lenders required above, affect the rights or duties of the Canadian Agent under this Agreement or any other Loan Document, and (vi) the Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or Consent hereunder, except that the Commitment of such Lender may not be increased or extended without the consent of such Lender. Notwithstanding any provision herein to the contrary, this Agreement may be amended (or amended and restated) with the written consent of the Required Lenders, the Agents and the Borrowers (y) to add one or more additional credit facilities to this Agreement and to permit the extensions of credit from time to time outstanding thereunder and the accrued interest and fees in respect thereof to share ratably in the benefits of this Agreement and the other Loan Documents with the existing Obligations and the accrued interest and fees in respect thereof, and (z) to include, as appropriate, the Lenders holding such credit facilities in any required vote or action of the Applicable Lenders. If any Lender does not Consent (a “Non-Consenting Lender”) to a proposed amendment, waiver, consent or release with respect to any Loan Document that requires the Consent of each Lender and that has been approved by the Required Lenders, the Parent may replace such Non-Consenting Lender in accordance with Section 10.13; provided that such amendment, waiver, consent or release can be effected as a result of the assignment contemplated by such Section (together with all other such assignments required by the Parent to be made pursuant to this paragraph).

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower Company or any other Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersCompany or the applicable Loan Party, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, howeverfurther, that that (a) no such amendment, waiver or consent shall: (i) extend or increase the Commitment of a Lender (or reinstate any Commitment terminated pursuant to Section 9.02) without the written consent of such Lender whose Commitment is being extended or increased (it being understood and agreed that a waiver of any condition precedent set forth in Section 5.02 or of any Default or a mandatory reduction in Commitments is not considered an extension or increase in Commitments of any Lender); (ii) postpone any date fixed by this Agreement or any other Loan Document for any payment (excluding mandatory prepayments) of principal, unless in writing and signed by interest, fees or other amounts due to the Borrower and Lenders (or any of them) or any scheduled reduction of the Commitments hereunder or under any other Loan Document without the written consent of each Lender affected thereby, do any of the following: entitled to receive such payment or whose Commitments are to be reduced; (a) waive any of the conditions specified in Section 3.01, (b) increase the Commitments of the Lenders, (ciii) reduce the principal of, or the rate of interest specified herein (subject to Section 3.03(b)) on, any Loan or L/C Borrowing, or (subject to clause (i) of the Advances or, final proviso to the extent then accrued, this Section 11.01) any fees or other amounts payable hereunderhereunder or under any other Loan Document without the written consent of each Lender entitled to receive such amount; provided, however, that only the consent of the Required Lenders shall be necessary to amend the definition of “Default Rate” or waive any obligation of any Borrower to pay interest or Letter of Credit Fees at the Default Rate; (div) postpone any date fixed for any payment of principal ofchange Section 9.03 or Section 2.13 (other than, or interest on, the Advances orin each case, to establish and/or give effect to any FILO Loans) without the extent then accrued, other amounts payable hereunder, written consent of each Lender directly affected thereby; (ev) change any provision of this Section 11.01(a) or the definition of “Required Lenders” or “Supermajority Lenders” without the percentage written consent of each Lender directly affected thereby; (vi) amend Section 1.06, Section 1.07 or the definition of “Alternative Currency” without the written consent of each Lender directly affected thereby; (vii) release the Company from its Obligations hereunder, including those Obligations under Article IV, without the written consent of each Lender directly affected thereby; (viii) release all or substantially all of the Commitments Collateral in any transaction or series of related transactions (it being understood that a transaction or series of related transactions that is not prohibited by Section 8.10 shall not constitute the release of all or substantially all of the aggregate unpaid principal amount Collateral) without the written consent of each Lender directly affected thereby; (ix) release all or substantially all of the Advancesvalue of the Guaranty, or without the number written consent of Lenderseach Lender directly affected thereby, that shall except to the extent the release of any Restricted Subsidiary from the Guaranty is permitted pursuant to Section 10.10 (in which case such release may be required for made by the Lenders Administrative Agent acting alone); (x) subordinate the Obligations or, except as expressly permitted hereunder, the Liens securing them without the written consent of each Lender directly affected thereby; (xi) amend the definition of Borrowing Base (or any defined term used in such definitions) if the effect of them such amendment is to take any action hereunder, increase Availability without the prior written consent of the Supermajority Lenders; or (f) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (gxii) amend this Section 8.01; and provided further that 2.01(b)(iii) if the effect of such amendment is to change the “last out” nature of Incremental Facilities in the form of FILO Facilities without the prior written consent of each Lender directly affected thereby. (b) unless also signed by the applicable L/C Issuer, no amendment, waiver or consent shall, shall affect the rights or duties of such L/C Issuer under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; (c) unless in writing and also signed by the Agent in addition to the Lenders required above to take such actionSwing Line Lender, no amendment, waiver or consent shall affect the rights or duties of the Swing Line Lender under this Agreement; (d) unless also signed by the Administrative Agent, no amendment, waiver or consent shall affect the rights or duties of the Administrative Agent under this Agreement or any Noteother Loan Document; provided, however, that notwithstanding anything to the contrary herein, (i) the Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto, (ii) each Lender is entitled to vote as such Lender sees fit on any bankruptcy reorganization plan that affects the Loans, and each Lender acknowledges that the provisions of Section 1126(c) of the Bankruptcy Code of the United States supersedes the unanimous consent provisions set forth herein, (iii) the Required Lenders shall determine whether or not to allow a Borrower to use cash collateral in the context of a bankruptcy or insolvency proceeding and such determination shall be binding on all of the Lenders, (iv) this Agreement may be amended in accordance with the provisions of Section 2.01(b) and Section 2.17. In addition, in the event term loans are added to this Agreement a majority in interest of the revolving Lenders shall be required to consent to any waiver or change affecting borrowing conditions for Revolving Loans or affecting the revolving Lenders adversely with respect to payments in a manner differently than that affecting term loan lenders. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that (x) the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender. Notwithstanding anything to the contrary, any Loan Document may be waived, amended, supplemented or modified pursuant to an agreement or agreements in writing entered into by the Company and the Administrative Agent (without the consent of any Lender) (A) solely to cure a defect or error, or to grant a new Lien for the benefit of the Secured Parties or extend an existing Lien over additional property and (B) to implement a LIBOR Successor Rate (or an alternate benchmark rate) and any LIBOR Successor Rate Conforming Changes in accordance with Section 3.03(b).3.03.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Credit Document, nor and no consent to any departure by the Parent Borrower or any other Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersParent Borrower or the applicable Borrower, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive any of the conditions specified condition set forth in Section 3.01, 4.01(a) without the written consent of each Lender; (b) extend or increase the Commitments Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the Lenders, written consent of such Lender; (c) postpone any date fixed by this Agreement or any other Credit Document for any payment of principal, L/C Borrowing, interest, fees or other amounts due to the Lenders (or any of them) hereunder or under any other Credit Document without the written consent of each Lender directly affected thereby; (d) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing, or (subject to clause (iii) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunderhereunder or under any other Credit Document without the written consent of each Lender directly affected thereby; provided, however, that only the consent of the Required Lenders shall be necessary to amend the definition of “Default Rate” or any provision relating to Defaulting Lenders (dincluding the definition thereof) postpone or to waive any date fixed for obligation of any payment Borrower to pay interest or Letter of principal of, or interest on, Credit Fees at the Advances or, to the extent then accrued, other amounts payable hereunder, Default Rate; (e) change Section 8.03 or 2.12 in a manner that would alter the pro rata sharing of payments required thereby without the written consent of each Lender; (f) change any provision of this Section or the definition of “Required Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder, without the Commitments written consent of each Lender directly affected thereby; or (i) release all or substantially all of the aggregate unpaid principal amount security provided by the Designated Subsidiary Borrowers to secure the Tranche A L/C Obligations, without the written consent of each Tranche A Lender, (ii) modify the definitions in Section 1.01 of “Advance Rates,” “Borrowing Base” or “Eligible Securities” without the consent of the AdvancesAdministrative Agent, the Fronting Banks and any additional Lender required to constitute the Majority Tranche A Lenders, or (iii) modify, change, waive, discharge or terminate any provision of any Security Document without the number consent of the Majority Tranche A Lenders; and, provided further, that shall be required for the Lenders or any of them to take any action hereunder, (fi) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent Fronting Banks and/or the L/C Administrators in addition to the Lenders required above to take such actionabove, affect the rights or duties of the Fronting Banks and/or the L/C Administrators under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or duties of the Administrative Agent under this Agreement or any Noteother Credit Document; and (iii) no Fee Letter may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding anything to the contrary herein, no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder (and any amendment, waiver or consent which by its terms requires the consent of all Lenders or each affected Lender may be effected with the consent of the applicable Lenders other than Defaulting Lenders), except that (x) the Commitment of any Defaulting Lender may not be increased or extended without the consent of such Lender and (y) any waiver, amendment or modification requiring the consent of all Lenders or each affected Lender that by its terms affects any Defaulting Lender more adversely than other affected Lenders shall require the consent of such Defaulting Lender.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the NotesAgreement, nor consent to any departure by the any Borrower or Mondelēz therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersMondelēz, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all the Borrower Lenders (including Defaulting Lenders) affected thereby and each Lender affected therebyMondelēz, do any of the following: (a) waive any of the conditions specified in Sections 3.01, 3.02, 3.03 or 3.05 (it being understood and agreed that any waiver or amendment of a representation, warranty, covenant, Default or Event of Default shall not constitute a waiver of any condition specified in Section 3.01, 3.02, 3.03 or 3.05 unless the amendment or waiver so provides), (b) increase the Commitments of the LendersLenders or subject the Lenders to any additional obligations, (c) reduce the principal of, or the amount or rate of interest on, the Pro Rata Advances or, to the extent then accrued, or any fees or other amounts payable hereunder, (d) postpone any date fixed for any payment of principal of, or interest on, the Pro Rata Advances or, to the extent then accrued, or any fees or other amounts payable hereunder, (e) change the definition of “Required Lenders” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Pro Rata Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunderhereunder (including any such change to the definition of “Required Lenders”), (f) release Mondelēz from any of its obligations under Article VIII, (g) change Section 2.16 in a manner that would alter the manner in which payment or prepayments pro rata sharing of principal, interest or other amounts hereunder shall be applied as among the Lenders payments required thereby or (gh) amend this Section 8.019.01; provided further that no waiver of the conditions specified in Section 3.04 in connection with any Competitive Bid Borrowing shall be effective unless consented to by all Lenders making Competitive Bid Advances as part of such Competitive Bid Borrowing; and provided further that (x) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Administrative Agent under this Agreement or any Noteand (y) this Agreement may be amended with the written consent of the Administrative Agent and Mondelēz.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersBorrower or the applicable Loan Party, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written consent of the conditions specified such Lender (it being understood and agreed that a waiver of any condition precedent set forth in Section 3.01, 4.02 or of any Default or a mandatory reduction in Commitments is not considered an extension or increase in Commitments of any Lender); (b) increase postpone any date fixed by this Agreement or any other Loan Document for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Commitments Lenders (or any of them) or any scheduled or mandatory reduction of the Lenders, Aggregate Revolving Commitments hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (c) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing or (subject to clause (v) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunderhereunder or under any other Loan Document, or change the manner of computation of the Leverage Ratio (including any change in such defined term or defined terms used directly or indirectly in the definition of Leverage Ratio), as it is used in determining the Applicable Rate, that would result in a reduction of any interest rate on any Loan or any fee payable hereunder without the written consent of each Lender directly affected thereby; provided, however, that only the consent of the Required Lenders shall be necessary to amend the definition of “Default Rate” or to waive any obligation of the Borrower to pay interest at the Default Rate or Letter of Credit Fees at the Default Rate; QB\033578.02011\28349393.9 (d) postpone any date fixed for any payment change Section 8.03 in a manner that would alter the pro rata sharing of principal of, or interest on, payments required thereby without the Advances or, to the extent then accrued, other amounts payable hereunder, written consent of each Lender directly affected thereby; (e) change any provision of this Section or the definition of “Required Lenders,” “Required Revolving Lenders” or any other provision hereof specifying the number or percentage of Lenders required to amend, waive or otherwise modify any rights hereunder or make any determination or grant any consent hereunder without the written consent of each Lender; (f) release the Borrower or CREIS without the written consent of each Lender; (g) release all or substantially all of the Subsidiary Guarantors (except in connection with the release of Qualified Unencumbered Properties pursuant to this Agreement) without the consent of each Lender; (h) change the definition of “Required LendersBorrowing Base” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunderthe definitions directly related thereto without the written consent of each Lender; or (i) change the definition of “Qualified Unencumbered Properties” without the written consent of each Lender; and, provided further, that (fi) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent L/C Issuer in addition to the Lenders required above to take such actionabove, affect the rights or duties of the L/C Issuer under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it; (ii) no amendment, waiver or consent shall, unless in writing and signed by the Swing Line Lender in addition to the Lenders required above, affect the rights or duties of the Swing Line Lender under this Agreement; (iii) no amendment, waiver or consent shall, unless in writing and signed by the Administrative Agent in addition to the Lenders required above, affect the rights or duties of the Administrative Agent under this Agreement or any Noteother Loan Document; (iv) Section 10.06(f) may not be amended, waived or otherwise modified without the consent of each Granting Lender all or any part of whose Loans are being funded by an SPC at the time of such amendment, waiver or other modification; and (v) the Fee Letters may be amended, or rights or privileges thereunder waived, in a writing executed only by the parties thereto. Notwithstanding the above: (A) prior to the termination of the Aggregate Revolving Commitments, unless also signed by Revolving Lenders holding in the aggregate at least a majority of the Aggregate Revolving Commitments, no such amendment, waiver or consent shall, (i) waive any Default for purposes of Section 4.02(b) or (ii) amend, change, waive, discharge or terminate Sections 2.03(a)(ii)(B), 4.02 or 8.01 in a manner adverse to such Lenders or this clause (A); (B) each Lender is entitled to vote as such Lender sees fit on any bankruptcy reorganization plan that affects the Loans, and each Lender acknowledges that the provisions of Section 1126(c) of the Bankruptcy Code of the United States supersedes the unanimous consent provisions set forth herein, (C) the Required Lenders shall determine whether or not to allow a Loan Party to use cash collateral in the context of a bankruptcy or insolvency proceeding and such determination shall be binding on all of the Lenders; QB\033578.02011\28349393.9 (D) no Defaulting Lender shall have any right to approve or disapprove any amendment, waiver or consent hereunder, except that (x) the Commitment of such Lender may not be increased or extended without the consent of such Lender, (y) the principal owing to such Lender may not be decreased without the consent of such Lender and (z) the interest rate being paid to such Lender may not be decreased without the consent of such Lender; and (E) no amendment contemplated by Section 2.14(e) shall require the consent of any Person other than the Borrower and the Lenders providing such New Term Loan.

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor and no consent to any departure by the Borrower or any other Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders and the Required LendersBorrower or the applicable Loan Party, as the case may be, and then acknowledged by the Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive any of the conditions specified condition set forth in Section 3.014.01 without the written consent of each Lender, provided that any waiver with respect to any Fee Letter shall only require the consent of each Lender that is a party thereto; (b) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 8.02) without the written consent of such Lender (it being understood and agreed that a waiver of any condition precedent set forth in Section 4.02 or of any Default or a mandatory reduction in Commitments is not considered an extension or increase in Commitments of the Lenders, any Lender); (c) postpone any date fixed by this Agreement or any other Loan Document for any payment or mandatory prepayment of principal, interest, fees or other amounts due to the Lenders (or any of them) or any scheduled or mandatory reduction of the Aggregate Revolving Commitments hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (d) reduce the principal of, or the rate of interest specified herein on, any Loan or L/C Borrowing or (subject to clause (v) of the Advances or, second proviso to the extent then accrued, this Section 10.01) any fees or other amounts payable hereunder, (d) postpone hereunder or under any date fixed for any payment of principal ofother Loan Document, or interest on, change the Advances or, to manner of computation of the extent then accrued, other amounts payable hereunder, Leverage Ratio (e) including any change in such defined term or defined terms used directly or indirectly in the definition of “Required Lenders” Leverage Ratio), as it is used in determining the Applicable Rate, that would result in a reduction of any interest rate on any Loan or any fee payable hereunder without the percentage written consent of each Lender directly affected thereby; provided, however, that only the consent of the Commitments Required Lenders shall be necessary to amend the definition of "Default Rate" or to waive any obligation of the aggregate unpaid principal amount Borrower to pay interest at the Default Rate or Letter of Credit Fees at the Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (f) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note.Default Rate;

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the NotesNotes or any other Loan Document (excluding Hedging Agreements), nor consent to 67 any departure by the Borrower or any other Obligor therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower Required Lenders (or by the Administrative Agent on their behalf upon its receipt of the consent thereof) and the Required LendersBorrower or the applicable Obligor, as the case may be, and acknowledged by the Administrative Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no such amendment, waiver or consent shall, unless in writing and signed by the Borrower and each Lender affected thereby, do any of the following: : (a) waive any of the conditions specified in Section 3.016.01 or, in the case of the Initial Extension of Credit, Section 6.02, without the written consent of each Lender (other than any Lender that is, at such time, a Defaulting Lender); (b) extend or increase the Commitments Commitment of any Lender (or reinstate any Commitment terminated pursuant to Article X) without the written consent of such Lender or extend or increase the amount of the Lendersaggregate Commitments under either Facility without the written consent of Lenders having more than 66-2/3% of the sum of (i) the unused portion, if any, of the Commitments under the applicable Facility plus (ii) the total outstanding amount of the Commitments under the applicable Facility, in each case, at such time; (c) reduce the principal of, or interest on, the Advances or, to the extent then accrued, other amounts payable hereunder, (d) postpone any date fixed scheduled for any payment of principal ofor interest under this Agreement (including any principal due pursuant to a mandatory prepayment required pursuant to Section 2.07(b)), or any date fixed by the Administrative Agent for the payment of fees or other amounts due to the Lenders (or any of them) hereunder or under any other Loan Document without the written consent of each Lender directly affected thereby; (d) reduce or forgive the principal of (including any principal due pursuant to a mandatory prepayment required pursuant to Section 2.07(b)), or the rate of interest specified herein on, any Loan or unreimbursed amounts under Letters of Credit, or (subject to clause (iii) of the Advances or, second proviso to the extent then accrued, this Section 12.04) any fees or other amounts payable hereunderhereunder (except as set forth in subsection (1) of this Section 12.04 or under any other Loan Document, or change the manner of computation of any financial ratio (eincluding any change in any applicable defined term) change used in determining the Applicable Margin that would result in a reduction of any interest rate on any Loan or any fee payable hereunder without the written consent of each Lender directly affected thereby; provided, however, that only the written consent of the Required Lenders shall be necessary (i) to amend the definition of “Required LendersPost-Default Rate” or the percentage to waive any obligation of the Commitments Borrower to pay interest at the Post-Default Rate or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders (ii) to amend any financial covenant hereunder (or any defined term used therein) even if the effect of them such amendment would be to take reduce the rate of interest on any action Loan or advance under any Letter of Credit or to reduce any fee payable hereunder, (f) alter the manner in which payment or prepayments of principal, interest or other amounts hereunder shall be applied as among the Lenders or (g) amend this Section 8.01; and provided further that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Lenders required above to take such action, affect the rights or duties of the Agent under this Agreement or any Note.;

Amendments, Xxx. Xx amendment or waiver of any provision of this Agreement or the Notesany other Loan Document, nor consent to any departure by the any Borrower or any Loan Party therefrom, shall in any event be effective unless the same shall be in writing and signed by the Borrower and the Required Lenders, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, shall (a) unless in writing and signed by the Borrower and each Lender directly affected thereby, do any of the following: (a) waive any of the conditions specified in Section 3.01, (bi) increase the Commitments amount or extend the expiration date of the Lendersany Lender's Commitment, (cii) reduce the principal of, or interest on, the Advances or, to the extent then accrued, or any fees or other amounts payable hereunder, hereunder or (diii) postpone any date fixed for any payment of principal of, or interest on, the Advances or, to the extent then accrued, or any fees or other amounts payable hereunder; (b) unless in writing and signed by all of the Lenders, do any of the following: (ei) change the definition of “Required Lenders” or the percentage of the Commitments or of the aggregate unpaid principal amount of the Advances, or the number of Lenders, that shall be required for the Lenders or any of them to take any action hereunder, (fii) alter other than in accordance with Section 9.13, release all or substantially all of the manner in which payment Collateral or prepayments release all or substantially all of principalthe guarantors from their obligations under the Guarantee and Collateral Agreement, interest or other amounts hereunder shall be applied as among the Lenders or (giii) amend Section 9.13(c), (iv) amend this Section 8.019.01 or (v) other than in accordance with Section 6.01(d), release either Borrower from all of its obligations hereunder; (c) unless in writing and provided further that no amendmentsigned by the Supermajority Lenders, waiver or consent shall, increase any advance rate percentage set forth in the definition of "Borrowing Base"; (d) unless in writing and signed by the Agent (in addition to the Lenders required above to take such action), amend, modify or waive any provision of Article VIII or affect the rights or duties of the Agent under this Agreement or any Noteother Loan Document; (e) unless in writing and signed by the Swingline Lender (in addition to the Lenders required above to take such action), amend, modify or waive any provision of Section 2.03 or 2.04; or (f) unless in writing and signed by each Issuing Lender (in addition to the Lenders required above to take such action), amend, modify or waive any provision of Article III.