Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which amendment or modification in any case: (i) is contrary to the terms of this Agreement or any other Financing Document; or (ii) could reasonably be expected to be materially adverse to the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, or (b) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 3 contracts
Samples: Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Term Loan) (Sientra, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which if such amendment or modification in any case: (i) is contrary to the terms of this Agreement or any other Financing Document; or (ii) could reasonably be expected to be materially adverse to the rights, interests or privileges of Agent Lender hereunder or the Lenders or their its ability to enforce the same, or (b) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 3 contracts
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (ai) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or (iib) could reasonably be expected to be materially adverse to the rights, interests or privileges of the Agent or the Lenders or their ability to enforce the same, same or materially adverse to any Borrower; or (bii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Ellipse Technologies Inc), Credit and Security Agreement (Ellipse Technologies Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (ai) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or (iib) could reasonably be expected to be materially adverse to the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, or (bii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Novadaq Technologies Inc), Credit and Security Agreement (Revolving Loan) (Novadaq Technologies Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (ai) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or Document and (iib) could reasonably be expected to be materially adverse to the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, or (bii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Revolving Loan) (Invuity, Inc.), Credit and Security Agreement (Term Loan) (Invuity, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or (iib) could would reasonably be expected to be materially adverse to the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, or (b) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Treace Medical Concepts, Inc.), Credit and Security Agreement (Treace Medical Concepts, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which amendment or modification in any case: (i) is contrary to the terms of this Agreement or any other Financing Document; or (ii) could reasonably be expected to be materially adverse to adversely effect the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, ; or (biii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing DocumentDocument as required pursuant to the pursuant to the Affiliated Intercreditor Agreement.
Appears in 2 contracts
Samples: Credit and Security Agreement (Term Loan) (Sight Sciences, Inc.), Credit and Security Agreement (Sight Sciences, Inc.)
Modification of Certain Agreements. No The Borrower will, will not cause or will permit any Subsidiary toto consent to any amendment, directly supplement or indirectlyother modification of any of the terms or provisions contained in its certificate of incorporation, by-laws or other organizational documents (a) amend or otherwise modify any Material Contractexcept to the extent such amendment, which amendment supplement or modification in any case: (i) is contrary to would not adversely affect the terms rights or interests of this Agreement or any other Financing Document; or (ii) could reasonably be expected to be materially adverse to the rights, interests or privileges of Agent or the Lenders or their ability to enforce the same, or (b) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing DocumentLenders).
Appears in 1 contract
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or (iib) could reasonably be expected to be materially adverse to the rights, interests or privileges of the Agent or the Lenders or their ability to enforce the same. Each Borrower shall, prior to entering into any amendment or (b) without the prior written consent other modification of Agent, amend or otherwise modify any Affiliated Financing Document.of the
Appears in 1 contract
Samples: Credit and Security Agreement (Goodman Networks Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, which amendment or modification in any case: (ia) is contrary to the terms of this Agreement or any other Financing Document; or (iib) could reasonably be expected to be materially adverse in any material respect to the rights, interests or privileges of Agent or the Lenders or any Borrower or their ability to enforce the same, or same (b) without it being understood and agreed that any such determination shall be in the prior written consent discretion of Agent, amend or otherwise modify any Affiliated Financing Document).
Appears in 1 contract