Certain Amendments, etc Sample Clauses

Certain Amendments, etc. No amendment, waiver or consent shall, unless the same shall be in writing and signed by all the Majority Lenders, amend any Loan Document. No amendment, waiver or consent shall, unless the same shall be in writing and signed by the Super Majority Lenders, amend any provision of this Article IIIA. No amendment, waiver or consent shall, unless the same shall be in writing and signed by all the Lenders, amend the definition of the term Security Event or at any time after the occurrence of a Security Event, release all or substantially all the Collateral (other than in connection with a sale of Collateral permitted by this Agreement).
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Certain Amendments, etc. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify, waive or terminate, or permit the amendment, modification, waiver or termination of, any provision of any of the any agreement, note or other instrument evidencing any Surviving Indebtedness not reasonably expected to affect the Lender adversely, (ii) amend, modify or change its articles or certificate of incorporation or bylaws, or any other agreement entered into by it, in each case with respect to its capital stock or other equity securities, other than amendments to Employee Plans permitted hereunder and other than any immaterial amendments, modifications or changes that could not reasonably be expected to affect the Lender adversely, (iii) enter into any new agreement with respect to its capital stock or other equity securities other than Employee Plans permitted hereunder and ancillary agreements relating thereto, or (iv) issue, sell or otherwise dispose of any new shares of its capital stock, any warrants, rights or options to acquire its capital stock or other equity securities, provided that the Borrower may issue, sell or otherwise dispose of any new shares of its capital stock or any warrants, rights or options to acquire its capital stock or other equity securities so long as an amount equal to the Net Cash Proceeds received in connection therewith is delivered to the Lender as a prepayment of principal on the Term Loan in accordance with the provisions of Section 2.3 and provided further that any Subsidiary the securities of which are directly pledged to the Lender under the Pledge and Security Agreement may issue additional shares of its capital stock or other equity securities to the Borrower so long as such securities are, promptly upon the issuance thereof, pledged to the Lender pursuant to the Pledge and Security Agreement.
Certain Amendments, etc. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify, terminate or waive, or permit the amendment, modification, termination or waiver of, any provision of any of the Transaction Documents or any agreement, note or other instrument evidencing any Surviving Indebtedness, (ii) breach or otherwise violate any of the subordination provisions applicable to any Indebtedness of the type described in Section 6.9(x), including, without limitation, restrictions against payment of principal and interest thereon, (iii) amend, modify or change its articles or certificate of incorporation (as to the Borrower, the Amended Charter) or bylaws, or any other agreement entered into by it, in each case with respect to its Capital Stock, other than amendments to Employee Plans permitted hereunder and other than any immaterial amendments, modifications or changes that could not reasonably be expected to affect the Lenders adversely (it being understood that any such amendment relating to the Series A Preferred Stock shall not be deemed immaterial), or (iv) enter into any new agreement with respect to its Capital Stock other than Employee Plans permitted hereunder and ancillary agreements relating thereto.

Related to Certain Amendments, etc

  • Certain Amendments Nothing herein shall be construed to prevent the Company from amending, altering, eliminating or reducing any plans, benefits or programs so long as the Executive continues to receive compensation and benefits consistent with Sections 3 through 6.

  • Amendments, Etc No amendment or waiver of any provision of this Agreement or any other Loan Document, and no consent to any departure by the Borrower or any other Loan Party therefrom, shall be effective unless in writing signed by the Required Lenders and the Borrower or the applicable Loan Party, as the case may be, and 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:

  • Waivers, Amendments, etc The Secured Party's delay or failure at any time or times hereafter to require strict performance by Company of any undertakings, agreements or covenants shall not waiver, affect, or diminish any right of the Secured Party under this Agreement to demand strict compliance and performance herewith. Any waiver by the Secured Party of any Event of Default shall not waive or affect any other Event of Default, whether such Event of Default is prior or subsequent thereto and whether of the same or a different type. None of the undertakings, agreements and covenants of the Company contained in this Agreement, and no Event of Default, shall be deemed to have been waived by the Secured Party, nor may this Agreement be amended, changed or modified, unless such waiver, amendment, change or modification is evidenced by an instrument in writing specifying such waiver, amendment, change or modification and signed by the Secured Party.

  • Limitations on Amendments (a) The amendments set forth in Section 1, above, are effective for the purposes set forth herein and shall be limited precisely as written and shall not be deemed to (i) be a consent to any amendment, waiver or modification of any other term or condition of any Loan Document or (ii) otherwise prejudice any right or remedy which Lenders or Agent may now have or may have in the future under or in connection with any Loan Document.

  • Waiver, Amendments, Etc The Trust shall not waive, modify, amend, supplement or consent to any waiver, modification, amendment of or supplement to, any of the provisions of the Certificate of Trust, the Trust Agreement or any of the other Transaction Documents unless, if no Insurer Default shall have occurred and be continuing, Financial Security shall have consented thereto in writing.

  • Amendments, Supplements, Etc This Agreement may be amended or supplemented at any time by additional written agreements as may mutually be determined by Purchaser and Seller to be necessary, desirable or expedient to further the purposes of this Agreement, or to clarify the intention of the parties hereto.

  • Certain Amendment Requirements (a) Notwithstanding the provisions of Section 9.1 and Section 9.3, no provision of this Agreement that establishes a percentage of Outstanding Shares required to take any action shall be amended, altered, changed, repealed or rescinded in any respect that would have the effect of reducing such voting percentage unless such amendment is approved by the affirmative vote of holders of Outstanding Shares whose aggregate Outstanding Shares constitute not less than the voting requirement sought to be reduced.

  • Merger, Amendments; Etc THIS AGREEMENT, TOGETHER WITH THE OTHER LOAN DOCUMENTS, REPRESENTS THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN AGREEMENTS BETWEEN THE PARTIES. No waiver of any provision of this Agreement, and no consent to any departure by any Grantor herefrom, shall in any event be effective unless the same shall be in writing and signed by Agent, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No amendment of any provision of this Agreement shall be effective unless the same shall be in writing and signed by Agent and each Grantor to which such amendment applies.

  • Governing Law; Amendments This letter agreement shall be governed by and construed in accordance with the laws of the State of New York, without reference to principles of conflict of laws. This letter agreement may not be amended or modified other than by a written agreement executed by you and an authorized employee of Xxxxx & XxXxxxxx Companies.

  • Execution of Amendments, etc Administrative Agent may, but shall have no obligation to, with the concurrence of any Lender, execute amendments, modifications, waivers or consents on behalf of such Lender. Any waiver or consent shall be effective only in the specific instance and for the specific purpose for which it was given. No notice to or demand on any Credit Party in any case shall entitle any Credit Party to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 10.5 shall be binding upon each Lender at the time outstanding, each future Lender and, if signed by a Credit Party, on such Credit Party.

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