Common use of CONSENTS, AMENDMENTS, WAIVERS, ETC Clause in Contracts

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Majority Banks. Notwithstanding the foregoing, none of the following may occur without the written consent of each Bank: (a) any change in the rate of interest on and the term of the Notes; (b) any change in the amount of the Commitments of the Banks; (c) any forgiveness, reduction or waiver of the principal of any unpaid Loan or any interest thereon or fee payable under the Loan Documents; (d) any change in the amount of any fee payable to a Bank or the Agent hereunder; (e) any postponement of any date fixed for any payment of principal of or interest on the Loan; (f) any extension of the Maturity Date; (g) any change in the manner of distribution of any payments to the Banks;

Appears in 3 contracts

Samples: Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc), Revolving Credit Agreement (Meridian Industrial Trust Inc)

AutoNDA by SimpleDocs

CONSENTS, AMENDMENTS, WAIVERS, ETC. Except as otherwise expressly provided in this Agreement, any consent or approval required or permitted by this Agreement may be given, and any term of this Agreement or of any other instrument related hereto or mentioned herein may be amended, and the performance or observance by the Borrower of any terms of this Agreement or such other instrument or the continuance of any Default or Event of Default may be waived (either generally or in a particular instance and either retroactively or prospectively) with, but only with, the written consent of the Majority Requisite Banks. Notwithstanding the foregoing, none of the following may occur without the written consent of each Bank: (a) any change a decrease in the rate of interest on and the term of the Notes; (b) any a change in the amount of the Commitments of the Banks; (c) any a forgiveness, reduction or waiver of the principal of any unpaid Loan or any interest thereon or fee payable under the Loan Documents; (d) any a change in the amount of any fee payable to a Bank or the Agent hereunder; (e) any the postponement of any date fixed for any payment of principal of or interest on the Loan; (f) any an extension of the Maturity Date; (g) any a change in the manner of distribution of any payments to the Banks or the Agent; the release of the Borrower, or any Collateral except as otherwise provided herein; an amendment of the definition of Requisite Banks or of any requirement for consent by all of the Banks; any modification to require a Bank to fund a pro rata share of a request for an advance of the Loan made by the Borrower other than based on its Commitment Percentage;

Appears in 1 contract

Samples: Revolving Credit Agreement (Excel Legacy Corp)

AutoNDA by SimpleDocs
Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!