Matters Requiring Unanimous Consent. Notwithstanding the terms of Section 10.01(a), no amendment or waiver of any provision of this Agreement or any other Loan Document, no agreement to forebear from acting upon any departure by the Company therefrom, and no consent with respect to any departure by the Company therefrom, shall be effective to do any of the following, unless the same is in writing and signed by all the Lenders: (i) increase the Commitment of any Lender; (ii) postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due hereunder or under any Loan Document whether by acceleration or otherwise; (iii) reduce the principal of, or the rate of interest specified herein on, any Loan, or any fees or other amounts payable hereunder or under any Loan Document; (iv) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Loans required for the Lenders or any of them to take any action hereunder; (v) amend Section 2.15 (Sharing of Payments, Etc.), Section 6.10 (Use of Proceeds), Section 8.02 (Remedies), Section 10.15 (Governing Law and Jurisdiction) or this Section 10.01; (vi) release any portion of the Collateral; or (vii) release any guarantor from liability under the REIT Guaranty Documents.
Appears in 1 contract
Samples: Credit Agreement (Apartment Investment & Management Co)
Matters Requiring Unanimous Consent. Notwithstanding Not withstanding the terms of Section 10.01(a), no amendment or waiver of any provision of this Agreement or any other Loan Document, no agreement to forebear from acting upon any departure by the Company therefrom, and no consent with respect to any departure by the Company therefrom, shall be effective to do any of the following, following unless the same is in writing and signed by all the Lenders:
(i) increase the Bridge Commitment of any Lender;
(ii) postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due hereunder or under any Loan Document whether by acceleration or otherwise;
(iii) reduce the principal of, or the rate of interest specified herein on, any Loan, or any fees or other amounts payable hereunder or under any Loan Document;
(iv) change the percentage of the Bridge Commitments or of the aggregate unpaid principal amount of the Loans required for the Lenders or any of them to take any action hereunder;
(v) amend Section 2.15 2.16 (Sharing of Payments, Etc.), Section 6.10 (Use of Proceeds), Section 8.02 (Remedies), Section 10.15 (Governing Law and Jurisdiction) or this Section 10.01;
(vi) release any portion of the CollateralCollateral except for the release, upon the written request of the Company, and with the consent of the Requisite Lenders, of the Stock in a Wholly-Owned Subsidiary upon the repayment of all Loans made with respect to the acquisition of Funded Projects by such Subsidiary; or
(vii) release any guarantor from liability under the REIT Guaranty Documents.
Appears in 1 contract
Samples: Revolving Credit Agreement (Apartment Investment & Management Co)
Matters Requiring Unanimous Consent. Notwithstanding Not withstanding the terms of Section 10.01(a), no amendment or waiver of any provision of this Agreement or any other Loan Document, no agreement to forebear from acting upon any departure by the Company Borrower therefrom, and no consent with respect to any departure by the Company Borrower therefrom, shall be effective to do any of the following, following unless the same is in writing and signed by all the Lenders:
(i) increase the Commitment of any Lender;
(ii) postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due hereunder or under any Loan Document whether by acceleration or otherwise;
(iii) reduce the principal of, or the rate of interest specified herein on, any Loan, or any fees or other amounts payable hereunder or under any Loan Document;
(iv) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Loans required for the Lenders or any of them to take any action hereunder;
(v) amend Section 2.15 (Sharing of Payments, Etc.), Section 6.10 (Use of Proceeds), Section 8.02 (Remedies), Section 10.15 (Governing Law and Jurisdiction) or this Section 10.01;; or
(vi) release any portion of the Collateral; or
(viiCollateral except as otherwise may be provided in applicable Collateral Documents or Section 2.16(d) release any guarantor from liability under or except where the REIT Guaranty Documentsconsent of the Requisite Lenders only is specifically provided for.
Appears in 1 contract
Samples: Credit Agreement (American Realty Capital Trust, Inc.)
Matters Requiring Unanimous Consent. Notwithstanding the terms of Section 10.01(a), no amendment or waiver of any provision of this Agreement or any other Loan Document, no agreement to forebear from acting upon any departure by the Company therefrom, and no consent with respect to any departure by the Company therefrom, shall be effective to do any of the following, unless the same is in writing and signed by all the Lenders:
(i) increase the Commitment of any Lender;
(ii) postpone or delay any date fixed for any payment of principal, interest, fees or other amounts due hereunder or under any Loan Document whether by acceleration or otherwise;
(iii) reduce the principal of, or the rate of interest specified herein on, any Loan, or any fees or other amounts payable hereunder or under any Loan Document;
(iv) change the percentage of the Commitments or of the aggregate unpaid principal amount of the Loans required for the Lenders or any of them to take any action hereunder;
(v) amend Section 2.15 (Sharing of Payments, Etc.), Section 6.10 (Use of Proceeds), Section 8.02 (Remedies), Section 10.15 (Governing Law and Jurisdiction) or this Section 10.01;
(vi) release any portion of the CollateralCollateral except as provided in Section 2.13(b), Section 2.13(d), Section 2.13(e), Section 7.05 and as otherwise may be provided in applicable Collateral Documents or except where the consent of the Requisite Lenders only is specifically provided for; or
(vii) release any guarantor from liability under the REIT Guaranty Documents.
Appears in 1 contract
Samples: Credit Agreement (Apartment Investment & Management Co)