Consent to Amendments and Waivers. The provisions of this Agreement including, without limitation, the covenants of the Company contained in Article VI, may be amended and the Company may take any action herein prohibited, or omit to perform any action herein required to be performed by it, only if the Company has obtained the written consent of a majority in aggregate principal amount of the outstanding New Subordinated Notes; provided, however, that no amendment, modification or waiver shall be effective unless consented to in writing by the Holder of such Note if such amendment, modification or waiver would (a) modify any requirement hereunder that any specified action be taken by Holders of a specified percentage of the principal amount of the New Subordinated Notes shall be effective unless consented to by such percentage of Holders, (b) change the due date for, or reduce the amount of, any payment or prepayment of principal of or premium or interest on any Note (or reduce the principal amount; premium on, of or rate of interest on any Note), (c) change the place or currency of payment of principal of, or premium or interest on any Note, (d) impair the right to institute legal proceedings for the enforcement of any payment on or with respect to any Note on or after the occurrence of a Redemption Event or (e) modify the subordination provisions in a manner adverse to the Holders of the New Subordinated Notes. No course of dealing between the Company and the Noteholder or any subsequent Holder of any Note or any delay in exercising any rights hereunder or under any Note shall operate as a waiver of any rights of the Noteholder or any subsequent Holder. Any consideration given to any Holders to obtain its consent shall be given pro rata to all such holders of a Note or New Subordinated Notes whether or not they give consent. Each holder of any Note at the time or thereafter outstanding shall be bound by any consent authorized by this paragraph, whether or not such Note shall have been marked to indicate such consent, but any Note issued thereafter may bear a notation referring to any such consent. The foregoing notwithstanding, the parties hereto agree that they will not amend, modify or supplement (i) Article IX hereof, (ii) Section 8.7 hereof, (iii) Article IX indirectly by amending or modifying any of the following defined terms: Debt, Senior Debt, Bank Debt, Banks, Credit Agreements, or Guarantee or (iv) this sentence. In addition, this Agreement, shall not be amended in any manner th...
Consent to Amendments and Waivers. Except as otherwise expressly provided herein, the provisions of this Agreement may be amended, and the Company or the Agent, as the case may be, may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if it has obtained the written consent of the other. No course of dealing between the Company and the Agent or any delay in exercising any rights hereunder will operate as a waiver of any rights of the Agent or the Company.
Consent to Amendments and Waivers. (a) Except as provided in Section 4.21 and 12.3(b), this Agreement and the Term Notes may be amended or supplemented with the consent of the Borrower and the Majority Lenders and any existing default or compliance with any provision of this Agreement or the Term Notes may be waived with the consent of the Majority Lenders. Term Notes held by the Borrower or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 12.3.
Consent to Amendments and Waivers. (a) Except as provided in Section 14.3(b), this Agreement and the Bridge Notes may be amended or supplemented with the consent of the Borrower, each Guarantor and the Majority Lenders and any existing default or compliance with any provision of this Agreement or the Bridge Notes may be waived with the consent of the Majority Lenders. Bridge Notes held by the Borrower or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 14.3.
Consent to Amendments and Waivers. Except as otherwise expressly provided herein, the provisions of this Agreement may be amended and the Company may take any action herein prohibited, or omit to perform any act herein required to be performed by it, only if the Company has obtained the prior written consent of the Purchaser. No other course of dealing between the Company and the Purchaser or any delay in exercising any rights hereunder or under the Amended and Restated Certificate of Incorporation of the Company shall operate as a waiver of any rights of any Purchaser. Any amendment or waiver effected in accordance with this Section 7.4 shall be binding upon the Company and the Purchaser, and their respective successors and assigns.
Consent to Amendments and Waivers. Except as otherwise provided herein, no modification, amendment or waiver of any provision of this Agreement shall be effective against the Company Group or the holders of the Notes unless such modification, amendment or waiver is approved in writing by (i) the Company, (ii) the Majority Noteholders and (iii) with respect to any provision which survives the repayment of the Notes and which is not otherwise covered by the terms of the Warrant Agreement, the holders of a majority of the Underlying Common Stock. Notwithstanding the foregoing, without the consent of any other Person, the Company may amend this Agreement to change the addresses for notice to any Person at such Person’s request. No other course of dealing between the Company and any holder of Notes, Warrants or Underlying Common Stock or any delay in exercising any rights, power or remedy under this Agreement or any of the other Transaction Agreements shall operate as a waiver of any rights of any such holder.
Consent to Amendments and Waivers. The provisions of this Agreement may be amended only if the Company has obtained the written consent of a majority of the Parties, provided that (a) any adjustments to the Recapitalization Documents and the Recapitalization generally resulting from the determination of the price at which the Senior Notes or Units will be sold to the public in the Offerings will not be considered amendments, and (b) waivers, supplements and modifications with regard to the representations and warranties in this Agreement will not be considered amendments.
Consent to Amendments and Waivers. The provisions of this --------------------------------- Agreement may be amended only if the Company has obtained the written consent of the holders of a majority of the Equity Securities (as if each share was accorded one vote), provided that (a) any adjustments to the Recapitalization Documents and the Recapitalization generally resulting from the determination of the interest rate of the Senior Notes or Senior Preferred Stock or the number of shares of Units, Senior Preferred Stock or Common Stock to be issued in the Offerings will not be considered amendments, and (b) waivers, supplements and modifications with regard to the representations and warranties in this Agreement will not be considered amendments.
Consent to Amendments and Waivers. Except as otherwise provided herein, no modification, amendment or waiver of any provision of this Agreement shall be
Consent to Amendments and Waivers. (a) Except as provided in Section 14.3(b), this Agreement may be amended or supplemented with the consent of each of EEX, EEX Capital and MIStS Issuer and the Holders of at least a majority in Liquidation Preference of the Preferred Securities then outstanding (including, without limitation, consents obtained in connection with a purchase of, or tender offer or exchange offer for, Preferred Securities), and any event of default or compliance with any provision of this Agreement or the Preferred Securities may be waived with the consent of the Holders of a majority in Liquidation Preference of the then outstanding Preferred Securities (including consents obtained in connection with a purchase of, or tender offer or exchange offer for Preferred Securities). Preferred Stock held by EEX, EEX Capital or MIStS Issuer or any of its Affiliates will not be deemed to be outstanding for purposes of this Section 14.3.
