Hercules Loan Documents. First Lien Lender may at any time and from time to time without the consent of or notice to any Second Lien Creditor, without incurring liability to any Second Lien Creditor and without impairing or releasing the obligations of any Second Lien Creditor under this Agreement, change the manner or place of payment or extend the time of payment of or renew or alter any First Lien Debt, or amend in any manner any agreement, note, guaranty or other instrument evidencing or securing or otherwise relating to any First Lien Debt; provided that no such change, extension, renewal, alteration or amendment shall (a) increase the principal amount of the Obligations under the First Lien Debt above Three Million Dollars ($3,000,000) (other than due to the payment in kind or capitalization of interest or fees otherwise payable under the Hercules Loan Documents), except as expressly permitted by the definition of First Lien Debt herein, (b) increase the interest rate margins with respect to the First Lien Debt by more than 200 basis points in excess of the rates in effect when the applicable margin is at its highest level, provided, that this clause (b) shall not impair the right of the First Lien Lender to impose any default rate of interest in accordance with the Hercules Loan Agreement, (c) extend the final maturity of the First Lien Debt by more than one (1) year, (d) other than during the occurrence of a First Lien Default, or in connection with the waiver thereof, shorten the time of payment with respect to any First Lien Debt (other than as a result of the ability of the First Lien Lender to accelerate the First Lien Debt, or as a result of voluntary or mandatory prepayments of the First Lien Debt in accordance with the Hercules Loan Agreement), (e) cause any material portion of the First Lien Debt to be contractually unsecured, or (f) impose any express restriction on the ability of AMS or Plures to make payments in respect of the Second Lien Debt other than those contained in this Agreement.
