Common use of Limitations on Debt Payments and Amendments Clause in Contracts

Limitations on Debt Payments and Amendments. (a) The Borrower will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease any Subordinated Indebtedness; provided, however, that so long as no Default or Event of Default shall have occurred and be continuing at the date of such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereof, the Borrower or any Restricted Subsidiary may prepay, repurchase or redeem Subordinated Indebtedness (i) for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(i)) plus (y) the Applicable Amount at the time of such prepayment, repurchase or redemption, or (ii) with the proceeds of Subordinated Indebtedness that (A) is permitted by Section 10.1 (other than Section 10.1(o)) and (B) has terms material to the interests of the Lenders not materially less advantageous to the Lenders than those of such Subordinated Indebtedness being refinanced. (b) The Borrower will not waive, amend, modify, terminate or release any Subordinated Indebtedness to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect.

Limitations on Debt Payments and Amendments. (a) The Borrower will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease the Senior Notes or any Subordinated IndebtednessPermitted Additional Debt comprised of senior subordinated or subordinated Indebtedness (it being understood that payments of regularly scheduled cash interest in respect of the Senior Notes or such Permitted Additional Debt shall be permitted); provided, however, that the Borrower or any Subsidiary may prepay, repurchase, redeem or defease the Senior Notes or any such Permitted Additional Debt (A) with the proceeds of any Permitted Refinancing Indebtedness, (B) by converting or exchanging the Senior Notes or any such Permitted Additional Debt to Stock (other than Disqualified Stock) of the Borrower or any of its direct or indirect parent or (C) so long as as, after giving pro forma effect thereto, (1) no Default or Event of Default shall have has occurred and be is continuing at and (2) Available Commitment is not less than 10% of the date of then effective Loan Limit (on a pro forma basis after giving effect to such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereof, the Borrower or any Restricted Subsidiary may prepay, repurchase or redeem Subordinated Indebtedness (i) for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(idefeasance)) plus (y) the Applicable Amount at the time of such prepayment, repurchase or redemption, or (ii) with the proceeds of Subordinated Indebtedness that (A) is permitted by Section 10.1 (other than Section 10.1(o)) and (B) has terms material to the interests of the Lenders not materially less advantageous to the Lenders than those of such Subordinated Indebtedness being refinanced.; and (b) The Borrower will not waive, amend, modify, terminate amend or release modify the Indentures or the documentation governing any Subordinated Indebtedness senior subordinated or subordinated Permitted Additional Debt or the terms applicable thereto to the extent that (i) any such waiver, amendment, amendment or modification, termination or release taken as a whole, would be adverse to the Lenders in any material respectrespect or (ii) the provisions of the Indentures or the documentation governing any senior subordinated or subordinated Permitted Additional Debt, as so amended or modified, would not be permitted to be included in the documentation governing any senior subordinated or subordinated Permitted Additional Debt that was issued at such time.

Limitations on Debt Payments and Amendments. (a) The Borrower Company will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease any Subordinated Indebtedness; provided, however, that so long as no Default or Event of Default shall have occurred and be continuing at the date of such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereof, the Borrower Company or any Restricted Subsidiary may prepay, repurchase or redeem Subordinated Indebtedness (i) any such Indebtedness for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(i)) the Additional Basket at such time plus (y) the Applicable Amount at the time of such prepayment, repurchase or redemption, redemption or (ii) any such Indebtedness, with the proceeds of Subordinated Indebtedness that (A) is permitted by Section 10.1 (other than Section 10.1(o)) and (B) has terms material to the interests of the Lenders not materially less advantageous to the Lenders than those of such Subordinated Indebtedness being refinanced. (b) The Borrower Company will not waive, amend, modify, terminate or release any Subordinated Indebtedness to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect. (c) Without the consent of the Collateral Agent, the Company shall not refinance, amend, supplement or modify any First Lien Credit Document: (i) to increase the principal amount of the First Lien Indebtedness in excess of the amount permitted under this Agreement; or (ii) if such refinancing, amendment, supplement or modification is not permitted by the terms of the Intercreditor Agreement.

Limitations on Debt Payments and Amendments. (a) The Borrower will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease any Subordinated Indebtedness; provided, however, that so long as no Default or Event of Default shall have has occurred and be continuing at the date of such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereofis continuing, the Borrower or any Restricted Subsidiary may prepay, repurchase or redeem Subordinated Indebtedness (ix) for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(i)) plus (y) the Applicable Amount at the time of such prepayment, repurchase or redemption, redemption or (iiy) with the proceeds of Subordinated Indebtedness that (A1) is permitted by Section 10.1 (other than Section 10.1(o10.1(A)(n)) and (B2) has terms material to the interests of the Lenders not materially less advantageous to the Lenders than those of such Subordinated Indebtedness being refinanced; provided that so long as no Default or Event of Default has occurred and is continuing and the Borrower shall be in compliance, on a pro forma basis, with the covenantscovenant set forth in Section 11, the Borrower or any Restricted Subsidiary may defease any Subordinated Indebtedness within one year from final maturity. (b) The Borrower will not waive, amend, modify, terminate or release any Subordinated Indebtedness to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect.

Limitations on Debt Payments and Amendments. (a) The Holdings and the Borrower will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease any Permitted Subordinated IndebtednessNotes, any Permitted Additional Subordinated Notes or any Permitted Senior Notes; provided, however, that so long as no Default or Event of Default shall have has occurred and be continuing at the date of such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereofis continuing, the Borrower or any Restricted Subsidiary may prepay, repurchase or redeem Permitted Subordinated Indebtedness Notes, any Permitted Additional Subordinated Notes or any Permitted Senior Notes (ix) for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(i)) plus (y) the Applicable Available Amount at the time of such prepayment, repurchase or redemption, or (iiy)(A) in the case of Subordinated Notes, with the proceeds of a substantially contemporaneous issuance of Permitted Additional Subordinated Indebtedness Notes and (B) in the case of Permitted Additional Notes, with the proceeds of a substantially contemporaneous issuance of Permitted Additional Notes that (A) is permitted by Section 10.1 (other than Section 10.1(o10.1(A)) and (B) has terms material to the interests of the Lenders not materially less advantageous to the Lenders than those of such Subordinated Indebtedness being refinanced. (b) The Borrower will not waive, amend, modify, terminate or release the Subordinated Note Indenture, any Permitted Additional Subordinated Indebtedness Notes Indenture or any Permitted Senior Notes Indenture to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect.