Common use of Limitations on Amendments Clause in Contracts

Limitations on Amendments. (a) No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of any of the material terms, conditions, representations and covenants contained in any Indebtedness for borrowed money that (i) shortens the final maturity date of such Indebtedness (without giving effect to any amendment, waiver or modification, the "Initial Indebtedness") or (ii) requires the acceleration of the final scheduled maturity date and/or any principal payments, including but not limited to scheduled payments and mandatory prepayments, and/or increases the principal amount payable on any date (including, without limitation, pursuant to mandatory prepayments) prior to the dates of analogous payments of such Initial Indebtedness; provided, however, that this Section 6.10(a) shall not prohibit the incurrence of Permitted Refinancing Indebtedness, the repayment of the Indebtedness being refinanced, or any amendment, waiver or modification of the terms of the Indebtedness being refinanced necessary to effect such repayment. No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of the US Airways Loan Agreement unless such amendment, waiver or modification is permitted by and in compliance with the Intercreditor Agreement.

Appears in 2 contracts

Samples: Loan Agreement (Us Airways Group Inc), Loan Agreement (Us Airways Group Inc)

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Limitations on Amendments. (a) No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of any of the material terms, conditions, representations and covenants contained in any Indebtedness for borrowed money that (i) shortens the final maturity date of such Indebtedness (without giving effect to any amendment, waiver or modification, the "Initial Indebtedness") or (ii) requires the acceleration of the final scheduled maturity date and/or any principal payments, including but not limited to scheduled payments and mandatory prepayments, and/or increases 77 the principal amount payable on any date (including, without limitation, pursuant to mandatory prepayments) prior to the dates of analogous payments of such Initial Indebtedness; provided, however, that this Section 6.10(a) shall not prohibit the incurrence of Permitted Refinancing Indebtedness, the repayment of the Indebtedness being refinanced, or any amendment, waiver or modification of the terms of the Indebtedness being refinanced necessary to effect such repayment. No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of the US Airways AWA Loan Agreement unless such amendment, waiver or modification is permitted by and in compliance with the Intercreditor Agreement.

Appears in 1 contract

Samples: Loan Agreement (Us Airways Group Inc)

Limitations on Amendments. (a) No Obligor None of the Obligors or their Restricted Subsidiaries shall amend, waive or modify, nor shall it they consent to or request any amendment, waiver or modification, of any of the material terms, conditions, representations and covenants contained in any Indebtedness for borrowed money that (i) shortens the final maturity date of such Indebtedness (without giving effect to any amendment, waiver or modification, the "Initial Indebtedness") , and after giving effect to any such amendment, waiver or modification, the "Amended Indebtedness"), (ii) requires the acceleration of the final scheduled maturity date and/or any principal payments, including but not limited to scheduled payments and mandatory prepayments, and/or increases the principal amount payable on any date (including, without limitation, pursuant to mandatory prepayments) prior to the dates of analogous payments of such Initial Indebtedness; provided, however, that this Section 6.10(aor (iii) shall not prohibit the incurrence of Permitted Refinancing provides for an interest rate applicable to such Amended Indebtedness, plus the repayment interest rate equivalent of all remaining fees and costs associated with closing and servicing such Amended Indebtedness higher than the average remaining interest rate applicable to such Initial Indebtedness plus the interest rate equivalent of the Indebtedness being refinanced, or any amendment, waiver or modification of the terms of the Indebtedness being refinanced necessary to effect average remaining fees and costs associated with servicing such repayment. No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of the US Airways Loan Agreement unless such amendment, waiver or modification is permitted by and in compliance with the Intercreditor AgreementInitial Indebtedness.

Appears in 1 contract

Samples: Loan Agreement (World Airways Inc /De/)

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Limitations on Amendments. (a) No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of any of the material terms, conditions, representations and covenants contained in any Indebtedness for borrowed money that (i) shortens the final maturity date of such Indebtedness (without giving effect to any amendment, waiver or modification, the "Initial Indebtedness") or (ii) requires the acceleration of the final scheduled maturity date and/or any principal payments, including but not limited to scheduled payments and mandatory prepayments, and/or increases the principal amount payable on any date (including, without limitation, pursuant to mandatory prepayments) prior to the dates of analogous payments of such Initial Indebtedness; provided, however, that this Section 6.10(a) shall not prohibit the incurrence of Permitted Refinancing Indebtedness, the repayment of the Indebtedness being refinanced, or any amendment, waiver or modification of the terms of the Indebtedness being refinanced necessary to effect such repayment. No Obligor shall amend, waive or modify, nor shall it consent to or request any amendment, waiver or modification, of the US Airways AWA Loan Agreement unless such amendment, waiver or modification is permitted by and in compliance with the Intercreditor Agreement.

Appears in 1 contract

Samples: Loan Agreement (Us Airways Group Inc)

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