Consent of Lenders Affected Required. No amendment, modification, waiver or consent shall (A) extend or increase the Commitment of any Lender without the written consent of such Lxxxxx (it being understood and agreed that a waiver of any condition precedent set forth in Section 4.2 or of any Default or Event of Default is not considered an extension or increase), (B) extend the date scheduled for payment of any principal (excluding mandatory prepayments) of or interest (other than Default interest) on the Loans or Letter of Credit reimbursement obligations or commitment fees payable hereunder without the written consent of each Lender directly affected thereby, (C) reduce the principal amount of any Loan, the stated rate of interest thereon (provided that neither (1) the institution of the Default Rate or post default interest and a subsequent removal of the Default Rate or post default interest, nor (2) any change instituted pursuant to Section 3.5(c) hereof, shall not constitute a decrease in interest rate pursuant to this Section 11.3) or the stated rate of commitment fees payable hereunder, without the consent of each Lender directly affected thereby, (D) change the order or manner of pro rata application of any payments made by the Borrowers to the Lenders hereunder, without the consent of each Lender directly affected thereby, (E) without the unanimous consent of the Lenders, change any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (F) without the unanimous consent of the Lenders, release the Borrowers or any Guarantor of Payment or release or subordinate any material amount of collateral securing the Secured Obligations, except in connection with a transaction specifically permitted hereunder, or (G) without the unanimous consent of the Lenders, amend this Section 11.3 or Sections 9.5 or 9.8 hereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Universal Logistics Holdings, Inc.)
Consent of Lenders Affected Required. No amendment, modification, waiver or consent shall (A) extend or increase the Commitment of any Lender without the written consent of such Lxxxxx (it being understood and agreed that a waiver of any condition precedent set forth in Section 4.2 or of any Default or Event of Default is not considered an extension or increase)Lender, (B) extend the date scheduled for payment of any principal (excluding mandatory prepayments) of or interest (other than Default interest) on the Loans or Letter of Credit reimbursement obligations or commitment fees payable hereunder without the written consent of each Lender directly affected thereby, (C) reduce the principal amount of any Loan, the stated rate of interest thereon (provided that neither (1) the institution of the Default Rate or post default interest and a subsequent removal of the Default Rate or post default interest, nor (2) any change instituted pursuant to Section 3.5(c) hereof, interest shall not constitute a decrease in interest rate pursuant to this Section 11.312.3(b)) or the stated rate of commitment fees payable hereunder, without the consent of each Lender directly affected thereby, (D) change the order or manner of pro rata application of any payments made by the Borrowers to the Lenders hereunder, without the consent of each Lender directly affected thereby, (E) without the unanimous consent of the Lenders, change any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (F) without the unanimous consent of the Lenders, release the Borrowers any Borrower or any Guarantor of Payment or release or subordinate any material amount of collateral securing the Secured Obligations, except in connection with a transaction specifically permitted hereunder, or (G) without the unanimous consent of the Lenders, amend this Section 11.3 12.3 or Sections 9.5 or 9.8 hereof, or (H) without the unanimous consent of the Lenders, permit the Borrowers to assign their rights hereunder or any interest herein.
Appears in 1 contract
Samples: Credit and Security Agreement (AvidXchange Holdings, Inc.)
Consent of Lenders Affected Required. No amendment, modification, waiver or consent shall (A) extend or increase the Commitment of any Lender without the written consent of such Lxxxxx Lender (it being understood and agreed that a waiver of any condition precedent set forth in Section 4.2 or of any Default or Event of Default is not considered an extension or increase), (B) extend the date scheduled for payment of any principal (excluding mandatory prepayments) of or interest (other than Default interest) on the Loans or Letter of Credit reimbursement obligations or commitment fees payable hereunder without the written consent of each Lender directly affected thereby, (C) reduce the principal amount of any Loan, the stated rate of interest thereon (provided that neither (1) the institution of the Default Rate or post default interest and a subsequent removal of the Default Rate or post default interest, nor (2) any change instituted pursuant to Section 3.5(c) hereof, shall not constitute a decrease in interest rate pursuant to this Section 11.3) or the stated rate of commitment fees payable hereunder, without the consent of each Lender directly affected thereby, (D) change the order or manner of pro rata application of any payments made by the Borrowers to the Lenders hereunder, without the consent of each Lender directly affected thereby, (E) without the unanimous consent of the Lenders, change any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (F) without the unanimous consent of the Lenders, release the Borrowers or any Guarantor of Payment or release or subordinate any material amount of collateral securing the Secured Obligations, except in connection with a transaction specifically permitted hereunder, or (G) without the unanimous consent of the Lenders, amend this Section 11.3 or Sections 9.5 or 9.8 hereof.
Appears in 1 contract
Samples: Credit and Security Agreement (Universal Logistics Holdings, Inc.)
Consent of Lenders Affected Required. No amendment, modification, waiver or consent shall (A) extend or increase the Commitment of any Lender without the written consent of such Lxxxxx (it being understood and agreed that a waiver of any condition precedent set forth in Section 4.2 or of any Default or Event of Default is not considered an extension or increase)Lender, (B) extend the date scheduled for payment of any principal (excluding mandatory prepayments) of or interest (other than Default interest) on the Loans or Letter of Credit reimbursement obligations or commitment fees payable hereunder without the written consent of each Lender directly affected thereby, (C) reduce the principal amount of any Loan, the stated rate of interest thereon (provided that neither (1) the institution of the Default Rate or post default interest and a subsequent removal of the Default Rate or post default interest, nor (2) any change instituted pursuant to Section 3.5(c) hereof, interest shall not constitute a decrease in interest rate pursuant to this Section 11.312.3(b)) or the stated rate of commitment fees payable hereunder, without the consent of each Lender directly affected thereby, (D) change the order or manner of pro rata application of any payments made by the Borrowers to the Lenders hereunder, without the consent of each Lender directly affected thereby, (E) without the unanimous consent of the Lenders, change any percentage voting requirement, voting rights, or the Required Lenders definition in this Agreement, (F) without the unanimous consent of the Lenders, (i) release the Borrowers any Borrower or any Guarantor of Payment or Payment, (ii) release or subordinate any material amount of collateral securing the Secured Obligations, or (iii) contractually subordinate the Secured Obligations, in each case except in connection with a transaction specifically permitted hereunder, or (G) without the unanimous consent of the Lenders, amend this Section 11.3 12.3 or Sections 9.5 or 9.8 hereof, or (H) without the unanimous consent of the Lenders, permit the Borrowers to assign their rights hereunder or any interest herein.
Appears in 1 contract
Samples: Credit and Security Agreement (AvidXchange Holdings, Inc.)