Common use of Modifications to Lender Loan Documents and Indenture Agreements Clause in Contracts

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral Agent, on behalf of itself, the Trustee, and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents in any manner whatsoever, including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against any Credit Party or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Obligations as the Lender shall deem appropriate. (b) The Lender hereby agrees that Collateral Agent, on behalf of itself, the Trustee, and the Noteholders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Lender (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Lender or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Indenture Agreements in any manner whatsoever, provided, however, that in no event shall Collateral Agent, the Trustee, or any Noteholder obtain a Lien on any assets of any Credit Party not subject to a Lien in favor of Lender unless (i) Lender also obtains a Lien on such assets or (ii) Lender declines in a writing to Collateral Agent to obtain a Lien on such assets. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, or any Noteholder of Section 4.12 of the Indenture. (d) Notwithstanding anything to the contrary herein, in no event shall Indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture or the guarantees related thereto) at any time exceed an aggregate principal amount equal to $105,000,000.

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral Agent, on behalf of itself, the Trustee, and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents in any manner whatsoever, including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against Borrower, any Credit Party Guarantor or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Obligations as the Lender shall deem appropriate. (b) The Lender hereby agrees that Collateral Agent, on behalf of itself, the Trustee, and the Noteholders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Lender (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Lender or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Indenture Agreements in any manner whatsoever, providedPROVIDED, howeverHOWEVER, that in no event shall Collateral Agent, the Trustee, or any Noteholder obtain a Lien on any assets of Borrower or any Credit Party Guarantor not subject to a Lien in favor of Lender constituting Collateral unless (i) Lender also obtains a Lien on such assets or (ii) Lender declines in a writing to Collateral Agent to obtain a Lien on such assets. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, or any Noteholder of Section 4.12 of the Indenture. (d) Notwithstanding anything to the contrary herein, in no event shall Indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture Notes or the guarantees related theretoIndenture) at any time exceed an aggregate principal amount equal to $105,000,000.

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral Agent, on behalf of itself, the Trustee, and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender Agent and the Lenders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents in any manner whatsoever, including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Priority Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Priority Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Priority Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Priority Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against any Credit Party Borrower or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Priority Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Priority Obligations as the Lender Agent and the Lenders shall deem appropriate. (b) The Lender Agent, on behalf of itself and the Lenders, hereby agrees that Collateral Agent, on behalf of itself, the Trustee, and the Noteholders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Lender Agent (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Lender Agent, on behalf of itself and the Lenders, or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Indenture Agreements in any manner whatsoever, provided, however, that in no event shall Collateral Agent, the Trustee, or any Noteholder obtain a Lien on any assets of Borrower or any Credit Party Guarantor not subject to a Lien in favor of Lender constituting Collateral unless (i) Lender Agent also obtains a Lien on such assets or (ii) Lender Agent declines in a writing to Collateral Agent to obtain a Lien on such assets. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, or any Noteholder of Section 4.12 of the Indenture. (d) Notwithstanding anything to the contrary herein, until the Discharge of Loan Agreement Priority Obligations shall have occurred, in no event shall the aggregate principal amount of Indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture Notes or the guarantees related theretoIndenture) at any time exceed an aggregate principal amount equal to $105,000,000125,000,000.

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral AgentTrustee, on behalf of itself, the Trustee, itself and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender Agent, on behalf of itself and the Lenders, may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents Document in any manner whatsoeverwhatsoever (provided, however, that in no event shall the Agent or any Lender obtain a Lien on any assets of any Debtor not constituting Collateral unless (i) the Trustee also obtains a Lien on such assets or (ii) the Trustee declines in a writing to the Agent to obtain a Lien on such assets or has released such assets in accordance with the applicable Indenture Loan Documents), including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against any Credit Party Borrower, any Guarantor or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Obligations as the Lender Agent shall deem appropriate. (b) The Lender Agent, for and on behalf of itself and the Lenders, hereby agrees that Collateral Agentthat, without affecting the obligations of the Agent or the Lenders hereunder, the Trustee, on behalf of itself, the Trustee, itself and the Noteholders Noteholders, may, at any time and from time to time, in its sole discretion without the consent of or notice to the Agent or any Lender (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Agent or any Lender or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the any Indenture Agreements Agreement in any manner whatsoever, provided, however, that in no event shall Collateral Agent, the Trustee, Trustee or any Noteholder obtain a Lien on any assets of any Credit Party Debtor not subject to a Lien in favor of Lender constituting Collateral unless (i) Lender Agent also obtains a Lien on such assets or (ii) Lender Agent declines in a writing to Collateral Agent Trustee to obtain a Lien on such assetsassets or has released such assets in accordance with the applicable Lender Loan Documents. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, Trustee or any Noteholder of Section 4.12 any provision of the Indenture. (d) Notwithstanding anything to the contrary herein, in no event shall Indebtedness indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture Notes or the guarantees related theretoIndenture) at any time exceed an aggregate principal amount equal to $105,000,000the Indenture Cap.

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral Agent, on behalf of itself, the Trustee, and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender Agent and the Lenders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents in any manner whatsoever, including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against any Credit Party Borrower or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Obligations as the Lender Agent and the Lenders shall deem appropriate. (b) The Lender Agent, on behalf of itself and the Lenders, hereby agrees that Collateral Agent, on behalf of itself, the Trustee, and the Noteholders may, at any time and from time to time, in its sole discretion without the consent of or notice to the Lender Agent (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Lender Agent, on behalf of itself and the Lenders, or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Indenture Agreements in any manner whatsoever, provided, however, that in no event shall Collateral Agent, the Trustee, or any Noteholder obtain a Lien on any assets of Borrower, any Credit Party not subject to a Lien in favor of Lender Guarantor or any other Person other than Indenture Exclusive Collateral unless (i) Lender Agent also obtains a Lien on such assets assets, or (ii) Lender Agent declines in a writing to Collateral Agent to obtain a Lien on such assets. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, or any Noteholder of Section 4.12 of the Indenture. (d) Notwithstanding anything to the contrary herein, until the Discharge of Loan Agreement Secured Obligations shall have occurred, in no event shall the aggregate principal amount of Indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture Notes or the guarantees related theretoIndenture) at any time exceed an aggregate principal amount equal to $105,000,000130,000,000.

Modifications to Lender Loan Documents and Indenture Agreements. (a) The Collateral AgentTrustee, on behalf of itself, the Trustee, itself and the Noteholders, hereby agrees that, without affecting the obligations of the Collateral Agent, the Trustee and the Noteholders hereunder, the Lender Agent, on behalf of itself and the Lenders, may, at any time and from time to time, in its sole discretion without the consent of or notice to the Collateral Agent, the Trustee or any Noteholder (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Collateral Agent, the Trustee or any Noteholder or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the Loan Agreement or any of the Lender Loan Documents Document in any manner whatsoeverwhatsoever (provided, however, that in no event shall the Agent or any Lender obtain a Lien on any assets of any Debtor not constituting Collateral unless (i) the Trustee also obtains a Lien on such assets or (ii) the Trustee declines in a writing to the Agent to obtain a Lien on such assets or has released such assets in accordance with the applicable Indenture Loan Documents), including, to (i) change the manner, place, time, or terms of payment or renew or alter, all or any of the Loan Agreement Secured Obligations or otherwise amend, restate, supplement, or otherwise modify in any manner, or grant any waiver or release with respect to, all or any part of the Loan Agreement Secured Obligations or any of the Lender Loan Documents, (ii) retain or obtain a Lien on any property of any Person to secure any of the Loan Agreement Secured Obligations, and in that connection to enter into any additional Lender Loan Documents, (iii) amend, or grant any waiver, compromise or release with respect to, or consent to any departure from, any guaranty or other obligations of any Person obligated in any manner under or in respect of the Loan Agreement Secured Obligations, (iv) release its Lien on any Collateral or other property, (v) exercise or refrain from exercising any rights against any Credit Party Borrower, any Guarantor or any other Person, (vi) retain or obtain the primary or secondary obligation of any other Person with respect to any of the Loan Agreement Secured Obligations, and (vii) otherwise manage and supervise the Loan Agreement Secured Obligations as the Lender Agent shall deem appropriate. (b) The Lender Agent, for and on behalf of itself and the Lenders, hereby agrees that Collateral Agentthat, without affecting the obligations of the Agent or the Lenders hereunder, the Trustee, on behalf of itself, the Trustee, itself and the Noteholders Noteholders, may, at any time and from time to time, in its sole discretion without the consent of or notice to the Agent or any Lender (except to the extent such notice or consent is required pursuant to the express provisions of this Agreement), and without incurring any liability to the Agent or any Lender or impairing or releasing the subordination provided for herein, amend, restate, supplement, replace, refinance, extend, consolidate, restructure, or otherwise modify the any Indenture Agreements Agreement in any manner whatsoever, provided, however, that in no event shall Collateral Agent, the Trustee, Trustee or any Noteholder obtain a Lien on any assets of any Credit Party Debtor not subject to a Lien in favor of Lender constituting Collateral unless (i) Lender Agent also obtains a Lien on such assets or (ii) Lender Agent declines in a writing to Collateral Agent Trustee to obtain a Lien on such assetsassets or has released such assets in accordance with the applicable Lender Loan Documents. (c) Notwithstanding anything to the contrary herein, this Section 5.02 shall not be construed to constitute a waiver by the Collateral Agent, the Trustee, Trustee or any Noteholder of Section 4.12 any provision of the Indenture. (d) Notwithstanding anything to the contrary herein, in no event shall Indebtedness represented by any units or notes issued pursuant to the Indenture, including any Units or Notes (or represented by any other evidence of indebtedness for borrowed money under the Units, the Notes, the Indenture Notes or the guarantees related theretoIndenture) at any time exceed an aggregate principal amount equal to $105,000,000270,000,000.