Common use of Legal Actions; Amendments Clause in Contracts

Legal Actions; Amendments. (a) Lender shall not, without the prior written consent of Ex-Im Bank or as may be permitted in a Delegated Authority Letter Agreement, amend any Loan Document in a manner inconsistent with Lender Obligations, including the standard of care stated in Section 4.04(a). Further, Lender shall not, without the prior written consent of Ex-Im Bank, release any Collateral applicable to a Loan Facility, release any Guarantor from its obligations, reschedule or restructure the applicable Loan Facility, or undertake any legal action with respect to any of the Loan Documents, including accelerating the applicable Loan Facility (except for the automatic acceleration of the Loan Facility arising as a matter of law from the filing of a proceeding in bankruptcy by or against the applicable Borrower) or exercising any of its remedies under the Loan Documents or applicable law; provided, however in situations following an Event of Default when Lender determines, in good faith, that time is of the essence and it is not practical to obtain Ex-Im Bank’s prior written consent, Lender may take such actions required in its reasonable judgment to protect the physical security or market value of the Collateral and any materials or records relating thereto or to preserve the collection prospects of the Loan Facility or Collateral, provided, that, Lender notifies Ex-Im Bank when feasible, prior to taking such action, or as soon as practicable thereafter, but in no event later than five (5) Business Days after taking such action. (b) Notwithstanding anything to the contrary in this Agreement, Lender may make Permitted Overadvances, and any such Permitted Overadvance (including interest accrued thereon) shall be covered by the Guarantee. (c) Lender shall take such measures as are reasonably requested by Ex-Im Bank to cooperate with Ex-Im Bank in recovery efforts against each applicable Borrower, any Guarantors and the applicable Collateral.

Legal Actions; Amendments. ‌ (a) Lender shall not, without the prior written consent of Ex-Im EXIM Bank or as may be permitted in a Delegated Authority Letter Agreement, amend any Loan Document in a manner inconsistent with Lender Obligations, including the standard of care stated in Section 4.04(a). Further, Lender shall not, without the prior written consent of Ex-Im EXIM Bank, release any Collateral applicable to a Loan Facility, release any Guarantor from its obligations, reschedule or restructure the applicable Loan Facility, or undertake any legal action with respect to any of the Loan Documents, including accelerating the applicable Loan Facility (except for the automatic acceleration of the Loan Facility arising as a matter of law from the filing of a proceeding in bankruptcy by or against the applicable Borrower) or exercising any of its remedies under the Loan Documents or applicable law; provided, however in situations following an Event of Default when Lender determines, in good faith, that time is of the essence and it is not practical to obtain Ex-Im EXIM Bank’s prior written consent, Lender may take such actions required in its reasonable judgment to protect the physical security or market value of the Collateral and any materials or records relating thereto or to preserve the collection prospects of the Loan Facility or Collateral, provided, that, Lender Xxxxxx notifies Ex-Im EXIM Bank when feasible, prior to taking such action, or as soon as practicable thereafter, but in no event later than five ten (510) Business Days after taking such action. (b) Lender shall not, without the prior written consent of EXIM Bank, renew or extend, or at any time increase the Maximum Amount of, a Loan Facility so long as an Event of Default exists or would exist after giving effect to such renewal, extension or increase. (c) Notwithstanding anything to the contrary in this Agreement, Lender may make Permitted Overadvances, and any such Permitted Overadvance (including interest accrued thereon) shall be covered by the GuaranteeGuarantee unless an Event of Default has occurred and is continuing. (cd) Lender shall take such measures as are reasonably requested by Ex-Im EXIM Bank to cooperate with Ex-Im EXIM Bank in recovery efforts against each applicable Borrower, any Guarantors and the applicable Collateral.

Legal Actions; Amendments. (a) Lender shall not, without the prior written consent of Ex-Im EXIM Bank or as may be permitted in a Delegated Authority Letter Agreement, amend any Loan Document in a manner inconsistent with Lender Obligations, including the standard of care stated in Section 4.04(a). Further, Lender shall not, without the prior written consent of Ex-Im EXIM Bank, release any Collateral applicable to a Loan Facility, release any Guarantor from its obligations, reschedule or restructure the applicable Loan Facility, or undertake any legal action with respect to any of the Loan Documents, including accelerating the applicable Loan Facility (except for the automatic acceleration of the Loan Facility arising as a matter of law from the filing of a proceeding in bankruptcy by or against the applicable Borrower) or exercising any of its remedies under the Loan Documents or applicable law; provided, however in situations following an Event of Default when Lender determines, in good faith, that time is of the essence and it is not practical to obtain Ex-Im EXIM Bank’s prior written consent, Lender may take such actions required in its reasonable judgment to protect the physical security or market value of the Collateral and any materials or records relating thereto or to preserve the collection prospects of the Loan Facility or Collateral, provided, that, Lender notifies Ex-Im EXIM Bank when feasible, prior to taking such action, or as soon as practicable thereafter, but in no event later than five ten (510) Business Days after taking such action. (b) Lender shall not, without the prior written consent of EXIM Bank, renew or extend, or at any time increase the Maximum Amount of, a Loan Facility so long as an Event of Default exists or would exist after giving effect to such renewal, extension or increase. (c) Notwithstanding anything to the contrary in this Agreement, Lender may make Permitted Overadvances, and any such Permitted Overadvance (including interest accrued thereon) shall be covered by the GuaranteeGuarantee unless an Event of Default has occurred and is continuing. (cd) Lender shall take such measures as are reasonably requested by Ex-Im EXIM Bank to cooperate with Ex-Im EXIM Bank in recovery efforts against each applicable Borrower, any Guarantors and the applicable Collateral.