Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower will not be affected by the action or failure to act on the part of the Banks or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Banks and the Borrower.
Appears in 4 contracts
Samples: Credit Agreement (Peoples Energy Corp), Credit Agreement (Peoples Energy Corp), Credit Agreement (Peoples Energy Corp)