Limitation on Voluntary Payments and Modifications of Indebtedness; Modifications of Certificate of Incorporation, By-Laws and Certain Other Agreements; etc. Borrower will not, and will not permit any of its Subsidiaries to:
(a) make any voluntary prepayment of, or redeem, repurchase or defease any Indebtedness except (i) prepayments of the Obligations, (ii) mandatory prepayments required pursuant to the instrument evidencing such Indebtedness or pursuant to which any such Indebtedness was issued, (iv) the purchase and retirement of industrial development and pollution control bonds listed on Schedule 6.5(d) hereto in an aggregate amount not to exceed $1,000,000, and (v) refinancings of Indebtedness permitted by Section 8.2;
(b) amend, modify or change in any way adverse to the interests of the Lenders, its Certificate or Incorporation (including, without limitation, by filing or modification of any certificate of designation) or ByLaws, or any agreement entered into by it, with respect to its Capital Stock (including any shareholders' agreement), or enter into any new agreement with respect to its Capital Stock which in any way could be adverse to the interests of the Lenders; or
(c) amend, modify or grant any waiver with respect to (i) any indenture, note or any other instrument evidencing such Indebtedness or pursuant to which such Indebtedness was issued, or (ii) the Accounts Receivable Facility Documents except in any case for changes thereto which do not adversely affect the interests of the Lenders, and except as may otherwise be consented to by the Required Lenders, or appoint any Person as paying agent under any of the Public Debt Indentures (other than the trustee thereunder) unless Borrower shall have given Agent 30 days' prior written notice of such appointment and the replacement paying agent is reasonably acceptable to Agent; provided, however, Borrower may amend the Public Debt Indentures to comply with the requirements of the Securities and Exchange Commission in qualifying the Public Debt Indentures under the Trust Indenture Act of 1939, as amended, or to cure any ambiguity, defect or inconsistency contained therein, provided that such action will not be adverse to Borrower or the Lenders; and provided further that any determination made by Agent pursuant to this Section 8.14 and set forth in a writing delivered to Borrower that any amendment to the Public Debt Indentures is not adverse to Borrower and the Lenders shall be binding upon the Lenders.
Limitation on Voluntary Payments. Make any voluntary prepayment of, or redeem, repurchase or defease, any Indebtedness except (i) prepayments of the Obligations and (ii) mandatory prepayments required pursuant to the instrument evidencing such Indebtedness or pursuant to which any such Indebtedness was issued.
Limitation on Voluntary Payments and Modifications of Indebtedness; Modifica- tions of Certificate of Incorporation, By-Laws and Certain Other Agreements etc..
Limitation on Voluntary Payments. Preferred Stock;
Limitation on Voluntary Payments and Modifications of ----------------------------------------------------- Indebtedness;
Limitation on Voluntary Payments and Modifications of Indebtedness; Modifications of Governing Documents and Preferred Stock; etc.................................................... 77 8.12
Limitation on Voluntary Payments and Modifications of Indebtedness; Modifications of Certificate of Incorporation, By-Laws and Certain Other Agreements; etc. Borrower will not, and will not permit any of its Subsidiaries to:
(i) make (or give any notice in respect of) any voluntary or optional payment or prepayment on or redemption or acquisition for value of (including, without limitation, by way of depositing with the trustee with respect thereto or any other Person money or securities before due for the purpose of paying when due) any obligations in respect of the BUCS, except as permitted pursuant to Section 8.4.
(ii) amend or modify, or permit the amendment or modification of, any provision of any BUCS Transaction Document which is in any way adverse to the interests of the Lenders or Administrative Agent;
(iii) amend, modify or change its Organizational Documents (including, without limitation, by filing or modification of any certificate of designation), if any such amendment, modification or change could reasonably be expected to adversely affect the interests of Administrative Agent or the Lenders.
Limitation on Voluntary Payments and Modifications of Indebtedness; Modifications of Certificate of Incorporation, By-Laws and Certain Other Agreements; Issuances of Capital Stock; etc.. . . . . . . . . . . . . 83 9.13 Limitation on Issuance of Capital Stock . . . . . . . . . . 83 9.14 Limitation on Certain Restrictions on Subsidiaries. . . . . 84 9.15 Limitation on the Creation of Subsidiaries and Joint Ventures. . . . . . . . . . . . . . . . . . . . . . . . . 84
Limitation on Voluntary Payments. 72 Section 6.11 Changes in Business ...................... 72 Section 6.12
Limitation on Voluntary Payments. The Borrower shall not, and shall not permit any of its Subsidiaries to make any sinking fund payment or voluntary or optional payment or prepayment on or redemption or acquisition for value of (including, without limitation, by way of depositing with the trustee with respect thereto money or securities before due for the purpose of paying when due) or exchange of any Indebtedness other than the Indebtedness hereunder and under the other Loan Documents.
