Consent and Amendment. To the extent required under applicable law or the governing documents of any of the Parties, the Parties acknowledge that this Agreement constitutes the written consent of the relevant Parties to each of the agreements and transactions described herein, including by each of the Parties in its capacity as a member or manager of any other Party.
Consent and Amendment. This Consent and Amendment shall have been duly executed and delivered by Borrower, the other Credit Parties, Agent and Lenders.
Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto, the Indenture is hereby amended as follows:
Consent and Amendment. From and after the Supplement Operative Time (as defined below) and without any further action by any party hereto, the Indenture is hereby amended as follows:
(a) Section 1.01 of the Indenture is hereby amended by replacing the defined terms “GAAP,” “Net Loan Portfolio,” and “Permitted Acquisition Indebtedness” in their entirety with the following:
Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto, the Indenture is hereby amended as follows:
(a) The text of Sections 3.09, 4.03, 4.04, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10 (including the corresponding provisions of paragraph (7) of Exhibit A of the Indenture and each Note), 4.11, 4.12, 4.13, 4.14, 4.16, 4.17, 4.18, 5.01, 5.02, 6.01(3), 6.01(4), 6.01(5), 6.01(7) and 6.01(8) shall each be deleted in its entirety and replaced with “[Reserved].”
(b) All defined terms in Sections 1.01 and 1.02 that appear only in the text of the Indenture that has been deleted pursuant to subsection (a) above shall be eliminated from Sections 1.01 and 1.
Consent and Amendment. In consideration of the matters set forth in the recitals and the covenants and provisions herein set forth, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
Consent and Amendment. On or before the Effective Date, Buyer and its Affiliates (as applicable) shall have executed and delivered to Seller a Consent and Amendment to the Seller's partnership agreement in the form of EXHIBIT O attached hereto.
Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto, the Indenture is hereby amended as follows:
(a) The text of Sections 3.09, 4.05, 4.06, 4.07, 4.08, 4.09, 4.10, 4.11, 4.12, 4.13, 4.14, 4.15, 4.16, 4.17, 4.19, 4.20, 5.01, 6.01(3), 6.01(4), 6.01(5) and 6.01(6) shall each be deleted in its entirety and replaced with “[RESERVED].”
(b) The text of Section 4.03 shall be amended and restated in its entirety as follows:
Consent and Amendment. (a) In reliance upon the documentation and information provided to Administrative Agent, and notwithstanding anything to the contrary contained in Section 2.8 [Use of Revolving Credit Loan Proceeds], Section 3.4 [Use of Term Loan Proceeds], Section 8.2.1 [Indebtedness] or Section 8.2.5 [Dividends and Related Distributions] of the Credit Agreement, respectively, upon the Effective Date of this Amendment and subject to the terms hereof, Agent and Lenders hereby consent to the Distribution and to Term Loan B and each such Section shall be deemed amended to allow for the incurrence of the Indebtedness (Section 8.2.1 [Indebtedness]), use of the proceeds of the Loans (Section 2.8 [Use of Revolving Credit Loan Proceeds] and Section 3.4 [Use of Term Loan Proceeds]) and the making of the Distribution (Section 8.2.5 [Dividends and Related Distributions]).
(b) This consent shall be effective only as to the items set forth in the preceding paragraph. This consent shall not be deemed to constitute a consent to the breach by Borrower of any covenants or agreements contained in any Existing Financing Agreement with respect to any other transaction or matter. Borrower agrees that the consents set forth in the preceding paragraph (a) shall be limited to the precise meaning of the words as written therein and shall not be deemed (i) to be a consent to, or any waiver or modification of, any other term or condition of any Existing Financing Agreement, or (ii) to prejudice any right or remedy that Administrative Agent or Lenders may now have or may in the future have under or in connection with any Existing Financing Agreement other than with respect to the matters for which the consent in the preceding paragraph (a) has been provided. Other than as described in this Amendment, the consents described in the preceding paragraph (a) shall not alter, affect, release or prejudice in any way any Obligations under the Existing Financing Agreements. This consent shall not be construed as establishing a course of conduct on the part of Administrative Agent or Lenders upon which the Borrower may rely at any time in the future. Borrower expressly waives any right to assert any claim to such effect at any time.
Consent and Amendment. Effective upon the Trigger Event, and without any further action by any party hereto,
(1) all Collateral securing the Obligations of the Issuer, the Company and the Guarantors under the Notes, the Guarantees and the Indenture shall be released, and the Trustee and the Collateral Agent are authorized and instructed to execute all releases, termination statements and other documents reasonably requested by the Issuer, the Company and the Guarantors to evidence such release and termination of all Security Documents; and (2) notwithstanding any provision in the Indenture or any Security Document to the contrary, no existing or future asset or property of the Issuer, the Company or any Guarantor shall constitute “Collateral.”
(b) The text of clause (6)(B) of the definition of “Permitted Liens” in Section 1.01 shall be amended and restated in its entirety as follows:
