Common use of Most Favored Lender Status Clause in Contracts

Most Favored Lender Status. The Borrower will not, and will not permit any of its Subsidiaries to, enter into, amend or modify documents evidencing or governing Indebtedness to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, the terms of this Agreement shall nonetheless, without any further action on the part of the Borrower or any Subsidiary, be deemed or amended automatically to include each Additional Covenant and each Additional Default contained in such amendment or agreement.

Most Favored Lender Status. The Borrower will not, and will not permit any of its Subsidiaries to, enter into, amend or modify documents evidencing or governing Indebtedness to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersLender, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, the terms of this Agreement shall nonetheless, without any further action on the part of the Borrower or any Subsidiary, be deemed or amended automatically to include each Additional Covenant and each Additional Default contained in such amendment or agreement.

Most Favored Lender Status. The Borrower will not, and will not permit If the Company or any of its Subsidiaries to, enter Subsidiary enters into, amend assumes or modify documents otherwise becomes bound or obligated under any agreement creating, evidencing or governing Indebtedness to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, any Material Credit Facility containing one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or amends or otherwise modifies any agreement creating, evidencing or governing such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, Material Credit Facility to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, then the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower Company or any Subsidiaryof the holders of the Notes, be deemed or to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for the holders of the Notes) an amendment or agreementto this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 9.18, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, not and will not permit any of its Subsidiaries to, Restricted Subsidiary to enter into, amend assume or modify documents otherwise be bound or obligated under any agreement creating or evidencing Indebtedness or governing any agreement executed and delivered in connection with any Indebtedness to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, containing one or more Additional Covenants or Additional DefaultsDefaults (as defined below), unless in each case the Borrower or prior written consent to such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and agreement shall have been obtained from the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to however, in the extent that event the Borrower or any Restricted Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaultsthe prior written consent of the Required Lenders, the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower or any Subsidiaryof the Lenders, be deemed or to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. The Borrower further covenants to promptly execute and deliver at its expense an amendment or agreementto this Agreement in form and substance satisfactory to the Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 5.06, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, and will not permit If the Company or any of its Subsidiaries to, enter Subsidiary enters into, amend assumes or modify documents evidencing otherwise becomes bound or governing Indebtedness to which the Borrower or its Subsidiaries are bound, that containobligated under, or are amended and modified amends, restates or otherwise modifies, any agreement creating or evidencing any Debt of the Company or any Subsidiary, or any refinancing or extension of all or any portion thereof, to contain, include one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower Company, any Subsidiary or any Subsidiaryof the holders of the Notes, be deemed or to be amended automatically and immediately to include each Additional Covenant and each Additional Default contained in such agreement. The Company further covenants to promptly execute and deliver at its expense (including the fees and expenses of counsel for the holders of the Notes) an amendment or agreementto this Agreement in form and substance satisfactory to the Required Holder(s) evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 9.11, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, and will not permit any of its Subsidiaries to, enter into, amend or modify documents evidencing or governing Indebtedness to which the Borrower or its Subsidiaries are boundbound (other than Permitted Financial Institution Subsidiary Indebtedness (excluding any financial covenants contained therein)), that contain, or are amended and modified to contain, one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required LendersLender, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, the terms of this Agreement shall nonetheless, without any further action on the part of the Borrower or any Subsidiary, be deemed or amended automatically to include each Additional Covenant and each Additional Default contained in such amendment or agreement.

Most Favored Lender Status. The Borrower will notIf any of the Xxxxx of Xxxx Entities or any Subsidiary enters into, assumes or otherwise becomes bound or obligated under the Proposed Note Purchase Agreement, and will not permit any of its Subsidiaries to, enter into, amend or modify documents evidencing or governing Indebtedness to which if the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, Proposed Note Purchase Agreement contains one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, then the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower Xxxxx of Xxxx Entities or any Subsidiaryof the holders of the Notes, be deemed or to be amended automatically to include each Additional Covenant and each Additional Default contained in the Proposed Note Purchase Agreement on the effective date thereof, but only for so long as such Additional Covenants and Additional Defaults remain in effect with respect to the Proposed Note Purchase Agreement. The Company further covenants, upon request of the Required Holders, to promptly execute and deliver at its expense (including, without limitation, the fees and expenses of counsel for the holders of the Notes) an amendment to this Agreement in form and substance satisfactory to the Required Holders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment or agreementshall not be a precondition to the effectiveness of such amendment as provided for in this Section 10.10, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, and will not permit any of its Subsidiaries to, enter into, amend or modify documents evidencing or governing Indebtedness the Prudential Agreement to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, include one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or prior written consent to such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, to include such Additional Covenants or Additional Defaults hereinshall have been obtained from all Banks; provided, that to however, in the extent event that the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaultsprior written consent of all Banks, the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower Borrower, the Banks or any Subsidiarythe Agent, be deemed or to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement; provided, that Agent and Banks acknowledge that the Prudential Agreement contains or may contain financial covenants other than those set forth in Section 6., and with respect thereto, such other financial covenants shall not be made a part hereof . The Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the Banks and the Agent) an amendment or agreementto this Agreement in form and content satisfactory to the Banks evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this paragraph 5.12, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, not and will not permit any of its Subsidiaries to, Subsidiary to enter into, amend assume or modify documents otherwise be bound or obligated under any agreement creating or evidencing Indebtedness or governing any agreement executed and delivered in connection with any Indebtedness to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, containing one or more Additional Covenants or Additional DefaultsDefaults (as defined below), unless in each case this Agreement is cross - defaulted to such Indebtedness under the Borrower terms of clause (f) of Article 6 or unless prior written consent to such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and agreement shall have been obtained from the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to however, in the extent that event the Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaultsthe prior written consent of the Required Lenders, the terms of this Agreement shall nonethelessshall, without any further action on the part of the Borrower or any Subsidiaryof the Lenders, be deemed or to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. The Borrower further covenants to promptly execute and deliver at its expense an amendment or agreementto this Agreement in form and substance satisfactory to the Required Lenders evidencing the amendment of this Agreement to include such Additional Covenants and Additional Defaults, provided that the execution and delivery of such amendment shall not be a precondition to the effectiveness of such amendment as provided for in this Section 5.06, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Borrower will not, directly or indirectly, and will not permit any of its Subsidiaries to, enter into, other Loan Party to amend or modify documents evidencing or governing Indebtedness the Private Placement Documents to which the Borrower or its Subsidiaries are bound, that contain, or are amended and modified to contain, include one or more Additional Covenants or Additional Defaults, unless in each case the Borrower or such Subsidiary contemporaneously executes an amendment to this Agreement, in form and substance reasonably satisfactory to the Administrative Agent and the Required Lenders, to include such Additional Covenants or Additional Defaults herein; provided, that to the extent that the Borrower or any Subsidiary Loan Party shall enter into, assume or otherwise become bound by or obligated under such amendment or agreement containing one or more Additional Covenants or Additional Defaults without amending this Agreement to include such Additional Covenants or Additional Defaults, the terms of this Agreement shall nonetheless, without any further action on the part of the Borrower or any SubsidiaryLender, be deemed or amended automatically to include each Additional Covenant and each Additional Default contained in such amendment or agreement. If the Borrower shall enter into a new note purchase agreement or other agreement to replace or refinance the Note Purchase Agreement, the terms in such new or replacement agreement governing prepayment from the proceeds of asset dispositions shall be materially the same as the applicable prepayment provisions in the Note Purchase Agreement on the date hereof.