Common use of Modifications of Certain Agreements Clause in Contracts

Modifications of Certain Agreements. The Borrower will not, and will not permit any of the Restricted Subsidiaries to, amend, modify, change or waive, or permit the amendment, modification or changing of, any terms of (a) any Permitted External Refinancing Debt or any Permitted Refinancing thereof, if, after giving effect to such amendment, modification, change or waiver, such Indebtedness would not constitute Permitted External Refinancing Debt or (b) subject to subclause (vii) of this Section 6.10, the Second Lien Senior Subordinated PIK Toggle Notes Documents or any respective Permitted Refinancing thereof if such amendment, modification, change or waiver (i) could reasonably be expected to materially increase the obligations of the obligors thereunder, (ii) confers any additional material rights on the holders thereof or any Permitted Refinancing thereof, (iii) decreases the Weighted Average Life to Maturity or shortens the maturity date applicable thereto, (iv) requires additional prepayments with respect to any event, (v) results in any subordination provisions thereof being less favorable in any respect to the Lenders, including, without limitation, Articles 10 and 12 of the Second Lien Senior Subordinated PIK Toggle Notes Indenture, (vi) results in an increase in the All-in Yield (payable in cash only) on the Second Lien Senior Subordinated PIK Toggle Notes in effect on the date hereof or (vii) results in an increase in excess of 2.00% per annum on the rate of interest paid-in-kind on the Second Lien Senior Subordinated PIK Toggle Notes in effect on the date hereof, in each case, the payment of which is not otherwise permitted hereunder, in each case other than in connection with a Permitted Refinancing thereof.

Modifications of Certain Agreements. The Borrower will not(a) Amend, and will not permit modify, waive or otherwise change in any material respect, or consent or agree to any amendment, modification, waiver or other change in any material respect to, any of the Restricted Subsidiaries toterms of any Gathering Document, (b) amend, modify, change waive or waiveotherwise change, or permit the amendment, modification consent or changing of, agree to any terms of (a) any Permitted External Refinancing Debt or any Permitted Refinancing thereof, if, after giving effect to such amendment, modification, change waiver or waiverother change, such Indebtedness would not constitute Permitted External Refinancing Debt or to any of the terms of any Material Agreement (bother than the Gathering Documents) subject to subclause (vii) of this Section 6.10, the Second Lien Senior Subordinated PIK Toggle Notes Documents or any respective Permitted Refinancing thereof if such amendment, modification, change or waiver (i) which could reasonably reasonable be expected to be materially increase the obligations of the obligors thereunder, (ii) confers any additional material rights on the holders thereof or any Permitted Refinancing thereof, (iii) decreases the Weighted Average Life to Maturity or shortens the maturity date applicable thereto, (iv) requires additional prepayments with respect to any event, (v) results in any subordination provisions thereof being less favorable in any respect adverse to the Lenders, including, without limitation, Articles 10 and 12 or (c) to the extent that the consent of the Second Lien Senior Subordinated PIK Toggle Notes IndentureBorrower is required and can be withheld, consent to any action by a party to any Gathering Document to assign its interest under any Gathering Document, to terminate its interest under any Gathering Document, or to be released from any of its obligations under any Gathering Document, except an assignment, termination or release with respect to Dedicated Properties (vi) results in an increase as defined in the All-Gathering Agreement) transferred by a Producer Party (as defined in Yield the Gathering Agreement) either (payable i) for which the contribution to the Borrower’s Consolidated EBITDA for the most recent four fiscal quarters for which financial statements are available to the Borrower (and aggregated with the contributions to the Borrower’s Consolidated EBITDA of all other such assignments, terminations or releases under this clause (i) after the date of this Agreement as so measured at the time of each other such assignment, termination or release) does not exceed 10% of the Borrower’s total Consolidated EBITDA for the most recent four fiscal quarter period for which financial statements are available to the Borrower or (ii) with respect to which the transferee thereof has enter into Separate GGA, as defined in cash only) and in accordance with the Gathering Agreement and is a company whose equity securities are traded on a national securities exchange or is quoted on the Second Lien Senior Subordinated PIK Toggle Notes in effect on the date hereof NASDAQ National Market and whose unsecured debt securities are rated BBB- (or higher) by S&P and Baa3 (viior higher) results in an increase in excess of 2.00% per annum on the rate of interest paid-in-kind on the Second Lien Senior Subordinated PIK Toggle Notes in effect on the date hereof, in each case, the payment of which is not otherwise permitted hereunderby Xxxxx’x, in each case other than in connection with without a Permitted Refinancing thereofnegative outlook.