Common use of Certain Amendments Clause in Contracts

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is material, together with copies thereof).

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries to, without the prior written consent of the Required Lenders (not to be unreasonably withheld or delayed), (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtednessthereto, including, without limitation, restrictions against payment of principal and interest thereonthereon (other than amendments, modifications or waivers that do not affect payments, prepayments, subordination, the definition of senior indebtedness, information, affirmative or negative covenants, defaults or other provisions that would be expected to affect the Lenders adversely, as determined in the reasonable judgment of the Required Lenders), (ii) amend, modify or waive, or permit the amendment, modification or waiver of, in any manner that would be expected to affect the Lenders adversely (as determined in the reasonable judgment of the Required Lenders), any provision of the Preferred Stock Purchase Agreement, the Series G Preferred Stock Purchase Agreement, the Stockholders Agreement, the Warrants, the Partners/B&W Agreements, the Wilsxx Xxxloyment Agreement or any other agreement entered into by it with respect to its Capital Stock, or enter into any new agreement with respect to its Capital Stock (other than any underwriting agreement necessary for the consummation of a Qualified Public Offering), or (iii) amend, modify or change change, in any manner that would be expected to affect the Lenders adversely (as determined in the reasonable judgment of the Required Lenders), any provision of its certificate or articles or of incorporation, certificate of incorporation partnership, certificate or formationarticles of organization, bylawsoperating agreement, partnership agreement, operating agreement or other applicable formation or organizational documentsbylaws, as applicable, or the terms of any class or series of its Capital Stock other (including Preferred Stock). The Borrower will give no less than in a manner that could not reasonably be expected five (5) Business Days' prior written notice to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such proposed amendment, modification or change that is material, together waiver of or with copies thereof)respect to any document or agreement referenced in this SECTION 8.10.

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries the Subsidiary Guarantors to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, waive (i) any provision of any Subordinated IndebtednessExisting Note or the Convertible Note or any private placement memorandum relating thereto, the effect of which would be (aA) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (cB) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (dC) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (eD) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (fE) to grant any security or collateral to secure payment thereof, thereof or (gF) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative AgentLender, would be adverse in any material respect to the rights or interests of the LendersLender, (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock, or any agreement among the holders of its Capital Stock or any of them, in each case other than in a manner that could not reasonably be expected to adversely affect the Lenders Lender in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders Lender notice of any such amendment, modification or change that is materialchange, together with certified copies thereof), or (iii) any provision or term of, or the amount of the fees or compensation with respect to, any Physician Practice Management Agreement, Intercompany Loan Agreement, Physician Shareholder Agreement or Executive Employment Agreement without the Lender’s written consent.

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries Subsidiary to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any agreement or instrument evidencing or governing any Permitted Senior Subordinated Debentures or any other Subordinated Indebtedness, the effect of which would be to (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereofthereunder, (b) to shorten or accelerate the time of payment of any amount due thereunder (to including, without limitation, the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligationsmaturity date), (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security amend or collateral to secure payment thereofadd additional prepayment or redemption provisions thereunder, or (g) to effect any change in allow for the rights creation, incurrence or obligations assumption of the Credit Parties thereunder additional Liens or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of (h) otherwise materially and adversely affect the Lenders, (ii) or breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtednessthereto, including, without limitation, restrictions against payment of principal and interest thereon, or (iiiii) amend, modify or change any provision of its articles or certificate of incorporation or incorporation, certificate of formation, bylaws, partnership agreement, operating agreement or other applicable formation organic document, the Stockholders Agreement, or organizational documents, as applicable, the terms of any class or series of its Capital Stock Stock, other than in a manner that could would not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is material, together with copies thereof)Lenders.

Certain Amendments. The Borrower will notNeither this Credit Facility Agreement, the Consent and will not permit Agreement, the Note, nor any Security Document nor any terms hereof or cause any thereof may be amended unless such amendment is approved by the Borrowers and the Majority Lenders, provided that no such amendment shall, without the written consent of its Subsidiaries toeach Lender affected thereby, (i) amend, modify reduce the interest rate or waiveextend the time of a scheduled payment of principal or interest or fees on the Facility, or permit the amendment, modification or waiver of, any provision of any Subordinated Indebtedness, the effect of which would be (a) to increase reduce the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (c) to increase the applicable interest rate (to the extent payable in cash) Facility or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lendershereunder, (ii) breach increase or otherwise violate decrease the Commitment of any of the subordination provisions applicable Lender or subject any Lender to any Subordinated Indebtednessadditional obligation (it being understood that a waiver of any Event of Default, including, without limitation, restrictions against other than a payment of principal and interest thereondefault, or any mandatory repayment of Facility shall not constitute a change in the terms of any Commitment of any Lender), (iii) amend, modify or change waive any provision of this Section 14.8, (iv) amend the definition of Majority Lenders or any other definition referred to in this Section 14.8, (v) consent to the assignment or transfer by the Borrowers of any of their rights and obligations under this Credit Facility Agreement, (vi) accept payment for the obligations of the Security Parties under this Credit Facility Agreement in any currency other than Dollars, (vii) waive the requirements regarding the delivery of audited financial statements under Section 9.1(d), (viii) release any Security Party from any of its articles obligations under any Security Document except as expressly provided herein or certificate in such Security Document or (ix) amend any provision relating to the maintenance of incorporation collateral under Section 9.4; provided, further, that approval by all Lenders shall be required for any amendment or formationwaivers with respect to Section 5.3 of this Credit Facility Agreement. All amendments approved by the Majority Lenders under this Section 14.8 must be in writing and signed by the Borrowers, bylawseach of the Lenders comprising the Majority Lenders and, partnership agreement, operating agreement or other applicable formation or organizational documents, as if applicable, the terms of any class or series of its Capital Stock other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent each Lender affected thereby and the Lenders notice of any such amendmentamendment shall be binding on all the Lenders; provided, modification however, that any amendments or change that is material, together waivers with copies thereof)respect to Section 5.3 of this Credit Facility Agreement must be in writing and signed by the Borrowers and all of the Lenders.

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any agreement or instrument evidencing or governing any Subordinated Indebtedness, the effect of which would be to (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereofthereunder, (b) to shorten or accelerate the time of payment of any amount due thereunder (to or change the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)maturity thereof, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of otherwise materially and adversely affect the Lenders, (ii) or breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtednessthereto, including, without limitation, restrictions against payment of principal and interest thereon, or (iiiii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock Stock, other than in a manner that could not reasonably be expected to adversely affect the Lenders Lenders, or (iii) without the prior written consent of all of the Lenders, (x) amend, modify or waive any provision in Article 9 of the Junior Note Indenture or (y) amend, modify or waive any material respect (provided other provision of the Junior Note Indenture in a manner that would adversely affect the Borrower shall give the Administrative Agent and rights of the Lenders notice of any such amendment, modification or change that is material, together with copies under Article 9 thereof).

Certain Amendments. The (a) Borrower will shall not, and will at any time after FNT becomes obligated on the Public Debentures shall not permit or cause any of its Subsidiaries FNT to, (i) amend, modify or waive, or permit agree to any amendment to the amendment, modification or waiver of, any provision terms and conditions of any Subordinated IndebtednessPublic Debenture or the underlying indenture related thereto that restricts, prohibits or would adversely affect FNT's ability to pay dividends to Borrower or would otherwise adversely affect Borrower's ability to pay and perform the effect of which Obligations in any material respect, including any amendment that would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereofinterest rate on such Public Debenture, (b) change the dates upon which payments of principal or interest are due on such Public Debenture other than to shorten extend such dates, (c) change any default or accelerate event of default or financial covenant other than to delete or make less restrictive any default or financial covenant provision therein, or add any financial covenant with respect to such Public Debenture, (d) change the time redemption, prepayment, defeasance or repurchase provisions of such Public Debenture other than to extend the dates therefor or to reduce the premiums (if any) payable in connection therewith, or (e) grant any security, collateral or guaranty to secure payment of any amount due thereunder (such Public Debenture, unless, to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after grant is made by the due date for repayment of any of the Obligations)Borrower, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to for the rights or interests benefit of the LendersBanks, (ii) breach is granted, on a pari-passu basis, the identical security, collateral or otherwise violate any guaranty to secure payment of the subordination provisions applicable to any Subordinated IndebtednessObligations, including, including without limitation, restrictions against payment in connection with or at any time after completion of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicablethe Restructuring, the terms conferring of rights to obtain a Lien on any class or series assets of its Capital Stock other than in a manner that could not reasonably be expected to adversely affect the Lenders in Borrower, including any material respect (provided that Equity Interests of FNT owned by the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is material, together with copies thereof)Borrower.

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of any provision of any agreement or instrument evidencing or governing any Senior Notes, or (ii) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any agreement or instrument evidencing or governing any Subordinated Indebtedness (including the Existing Subordinated Indebtedness), the effect of which would be to (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereofthereunder, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)thereunder, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant covenant, or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of otherwise materially and adversely affect the Lenders, (ii) or breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtednessthereto, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock Stock, other than in a manner that could not reasonably be expected to adversely affect the Lenders in Lenders, or (iv) amend, modify or change any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice provision of any such amendment, modification or change Permitted LMA Agreement other than in a manner that is material, together with copies thereof)could not reasonably be expected to adversely affect the Lenders.

Certain Amendments. The Borrower Matria will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any agreement or instrument evidencing or governing any Subordinated Indebtedness, the effect of which would be to (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereofthereunder, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)thereunder, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant covenant, or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of otherwise materially and adversely affect the Lenders, (ii) or breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtednessthereto, including, without limitation, restrictions against payment of principal and interest thereon, (ii) if any Default or Event of Default has occurred and is continuing or would result therefrom, amend, modify or waive, or permit the amendment, modification or waiver of, any provision of the Senior Notes or the Senior Note Indenture, the effect of which would be to (a) increase the principal amount due thereunder, (b) shorten or accelerate the time of payment of any amount due thereunder, (c) increase the applicable interest rate or amount of any fees or costs due thereunder, (d) make any covenant therein more restrictive or add any new covenant, or (e) otherwise materially and adversely affect the Lenders, or (iii) amend, modify modify, restate or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock or the Gainxx Xxxurities Purchase Agreement, other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is material, together with copies thereof)Lenders.

Certain Amendments. The Borrower Each of the Parent and the Borrowers will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)thereunder, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock, the Aircast Asset Purchase Agreement or the Aircast Stock Purchase Agreement, other than in a manner that could not reasonably be expected to materially increase the obligations of any Credit Party thereunder or to adversely affect the Lenders in any material respect (provided that the Borrower Company shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is materialchange, together with certified copies thereof).

Certain Amendments. The Borrower Each of the Parent and the Borrowers will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)thereunder, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, or the terms of any class or series of its Capital Stock Stock, other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower Company shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is materialchange, together with certified copies thereof).

Certain Amendments. The Each of Parent and the Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any of the Subordinated Notes, the Subordinated Loan Agreement or any other Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to the Subordinated Notes or any other Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock or the Stockholders Agreement dated as of October 18, 2000 among the Borrower, Parent and the stockholders named therein, as amended (including Section 6 thereof), other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is material, together with copies thereof).

Certain Amendments. The Each of the Parent and the Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, any provision of any of the Senior Subordinated Notes, the Senior Subordinated Note Indenture or any other Subordinated Indebtedness, the effect of which would be (a) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations)thereunder, (c) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (d) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (e) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (f) to grant any security or collateral to secure payment thereof, or (g) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative Agent, would be adverse in any material respect to the rights or interests of the Lenders, (ii) breach or otherwise violate any of the subordination provisions applicable to the Senior Subordinated Notes or any other Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, (iii) designate any Indebtedness other than the Obligations as “Designated Senior Indebtedness” within the meaning of the Senior Subordinated Note Indenture, or (iiiiv) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, or the terms of any class or series of its Capital Stock Stock, other than in a manner that could not reasonably be expected to adversely affect the Lenders in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders notice of any such amendment, modification or change that is materialchange, together with certified copies thereof).

Certain Amendments. The Borrower will not, and will not permit or cause any of its Subsidiaries to, (i) amend, modify or waive, or permit the amendment, modification or waiver of, waive (i) any provision of any Subordinated IndebtednessNote or any private placement memorandum relating thereto, the effect of which would be (aA) to increase the principal amount due thereunder or provide for any mandatory prepayments not already provided for by the terms thereof, (b) to shorten or accelerate the time of payment of any amount due thereunder (to the extent such modification would cause any such Subordinated Indebtedness to become due within one year after the due date for repayment of any of the Obligations), (cB) to increase the applicable interest rate (to the extent payable in cash) or amount of any fees or costs due thereunder, (dC) to amend any of the subordination provisions thereunder (including any of the definitions relating thereto), (eD) to make any covenant or event of default therein more restrictive or add any new covenant or event of default, (fE) to grant any security or collateral to secure payment thereof, thereof or (gF) to effect any change in the rights or obligations of the Credit Parties thereunder or of the holders thereof that, in the reasonable determination of the Administrative AgentLender, would be adverse in any material respect to the rights or interests of the LendersLender, or (ii) breach or otherwise violate any of the subordination provisions applicable to any Subordinated Indebtedness, including, without limitation, restrictions against payment of principal and interest thereon, or (iii) amend, modify or change any provision of its articles or certificate of incorporation or formation, bylaws, partnership agreement, operating agreement or other applicable formation or organizational documents, as applicable, the terms of any class or series of its Capital Stock, or any agreement among the holders of its Capital Stock or any of them, in each case other than in a manner that could not reasonably be expected to adversely affect the Lenders Lender in any material respect (provided that the Borrower shall give the Administrative Agent and the Lenders Lender notice of any such amendment, modification or change that is materialchange, together with certified copies thereof).