Common use of Modifications, Amendments or Waivers Clause in Contracts

Modifications, Amendments or Waivers. With the written consent of the Required Lenders, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate Parties; provided, that, without the written consent of all the Lenders, no such agreement, waiver or consent may be made which will: 10.1.1 Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend the time for payment of principal or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by the Loan or reduce the Bridge Loan Funding Fee or any other fee payable to any Lender, or otherwise affect the terms of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders);

Modifications, Amendments or Waivers. With the written consent of the Required Lenders, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate PartiesBorrower; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 : Increase the amount of the Revolving Credit Commitment of any Lender hereunder without the consent of such Lender; Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of the any Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by the any Loan or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or otherwise affect without the terms consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any each Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders);directly affected thereby; or

Modifications, Amendments or Waivers. With the written consent of the Required LendersLxxxxxx, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate PartiesBorrowers, on behalf of the Borrowers, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties Borrowers hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate PartiesBorrowers; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 (i) Increase of Commitment. Increase the amount of the Revolving Credit Commitment of any Lender hereunder without the consent of such Lxxxxx; (ii) Extension of Payment; Reduction of Principal, Principal Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Loan (excluding the due date of any mandatory prepayment of a Loan), the Bridge Loan Funding Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan (other than as a result of waiving the Loan applicability of any post-default increase in interest rates) or reduce the Bridge Loan Funding CommitmentFacility Fee or any other fee payable to any Lender, or otherwise affect without the terms consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any each Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required LendersXxxxxxx, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate PartiesBorrower; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 : (a) Increase of Commitment. Increase the amount of the Revolving Credit Commitment of any Lender hereunder without the consent of such Lender; (b) Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, subject to Section 2.12, extend the Expiration Date or the time for payment of principal or interest of the any Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan (other than as a result of waiving the Loan applicability of any post- default increase in interest rates) or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, without the consent of each Lender directly affected thereby; or otherwise affect the terms of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders);

Modifications, Amendments or Waivers. With the written consent of the Required Lenders, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate Loan Parties; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 (a) Increase of Commitment. Increase the amount of the Revolving Credit Commitment or Term Loan Commitment of any Lender hereunder without the consent of such Lender; (b) Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Loan (excluding the due date of any mandatory prepayment of a Loan), the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan (other than as a result of waiving the Loan applicability of any post-default increase in interest rates) or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or otherwise affect without the terms consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any each Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required Lenders, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate Loan Parties; provided, that, without the written consent of all the Lenders, no such agreement, waiver or consent may be made which will: 10.1.1 1. Increase of Commitment. Increase the amount of the Revolving Credit Commitment or the Term Loan Commitment of any Lender hereunder without the consent of such Lender; 2. Extension of Payment; Reduction of Principal, Principal Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of the any Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by the any Loan or reduce the Bridge Loan Funding Fee or any other fee payable to any Lender, or otherwise affect the terms of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender (it being understood that a waiver without the consent of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)each Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required Lenders, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate Parties, and Guarantor may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties hereunder or thereunderGuarantor, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders Lenders, Borrower and the Borrower Affiliate PartiesGuarantor; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 (i) Increase of Commitment. Increase the amount of any Lender’s Warehousing Commitment Amount without the written consent of such Lender; (ii) Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Warehousing Advances are outstanding, extend the Warehousing Maturity Date or the time for payment of principal or interest of any Loan (excluding the due date of any mandatory prepayment of a Loan), the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by the any Loan or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or otherwise affect without the terms written consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any each Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required LendersBanks, the Administrative Agent, acting on its own behalf and on behalf of all the LendersBanks, and the Borrower Affiliate Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders Banks or the Borrower Affiliate Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders Banks and the Borrower Affiliate Loan Parties; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 Increase of Revolving Credit Commitments; Extension of Payment; Reduction of Principal, Interest or FeesExpiration Date; Modification of Terms of Payment. Extend Increase the amount of the Revolving Credit Commitment of any Bank hereunder, extend the Expiration Date (whether or not any Revolving Credit Loans are outstanding), extend the time for payment of principal or interest of the any Revolving Credit Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any LenderBank which has a Revolving Credit Commitment, or reduce the principal amount of or the rate of interest borne by the Loan or any Revolving Credit Loan, reduce the Bridge Loan Funding rate of the Commitment Fee or any other fee payable to any LenderBank which has a Revolving Credit Commitment, or otherwise affect in each case without the terms written consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)each Bank directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required LendersXxxxxxx, the Administrative Agent, acting on its own behalf and on behalf of all the Lenders, and the Borrower Affiliate PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders or the Borrower Affiliate Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders and the Borrower Affiliate PartiesBorrower; provided, that, without the written consent of all the Lenders, that no such agreement, waiver or consent may be made which will: 10.1.1 (a) Increase of Commitment. Increase the amount of the Revolving Credit Commitment of any Lender hereunder without the consent of such Xxxxxx; (b) Extension of Payment; Reduction of Principal, Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Loans are outstanding, subject to Section 2.12, extend any Expiration Date or the time for payment of principal or interest of the any Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or reduce the principal amount of or the rate of interest borne by any Loan (other than as a result of waiving the Loan applicability of any post-default increase in interest rates) or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender, or otherwise affect without the terms consent of payment of the principal of or interest of the Loan, the Bridge Loan Funding Fee or any other fee payable to any each Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required LendersBanks, the Administrative Agent, acting on its own behalf and on behalf of all the LendersBanks, and PhyMatrix, on behalf of the Borrower Affiliate Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Lenders Banks or the Borrower Affiliate Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Borrower Affiliate Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Lenders Banks and the Borrower Affiliate Loan Parties; provided, that, without the written consent of all the LendersBanks, no such agreement, waiver or consent may be made which will: 10.1.1 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or extend the Expiration Date; 11.1.2 Extension of Payment; Reduction of Principal, Principal Interest or Fees; Modification of Terms of Payment. Extend Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of the any Revolving Credit Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any LenderBank, or reduce the principal amount of or the rate of interest borne by the any Revolving Credit Loan or reduce the Bridge Loan Funding Commitment Fee or any other fee payable to any LenderBank, or otherwise affect the terms of payment of the principal of or interest of the any Revolving Credit Loan, the Bridge Loan Funding Commitment Fee or any other fee payable to any Lender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders)Bank;