Common use of Most Favored Lender Status Clause in Contracts

Most Favored Lender Status. The Company will not enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Indebtedness in excess of $1,000,000 containing one or more Additional Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on the date hereof), unless prior written notice of such agreement shall have been provided to the holders of the Notes. Unless the Company shall enter into, assume or otherwise become bound by or obligated under any such agreement with the prior written waiver by the Required Holders of the application of this Section 10.13, the terms of this Agreement shall, without any further action on the part of the Company or any of the holders of the Notes, be deemed 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 reasonable 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 shall not be a precondition to the effectiveness of such amendment as provided for in this Section 10.13, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Company will shall not, and shall not permit any Subsidiary to, enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Indebtedness in excess of $1,000,000 Material Debt Agreement (as defined below) containing one or more Additional Financial Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on Defaults, without the date hereof), unless prior written notice of such agreement shall have been provided to the holders consent of the Notes. Unless Required Lenders; provided that if the Company or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such agreement with Material Debt Agreement without the prior written waiver by consent of the Required Holders of the application of this Section 10.13Lenders, the terms of this Agreement shall, without any further action on the part of the Company Company, the Administrative Agent or any of the holders of the NotesLender, be deemed to be amended automatically to include each Additional Financial Covenant and each Additional Default contained in Material Debt Agreement, but only for so long as such agreementAdditional Financial Covenant or Additional Default remains in effect under such Material Debt Agreement. The Company further covenants to shall promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the NotesAttorney Costs) 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 shall not be a precondition to the effectiveness of such amendment as provided for in this Section 10.13, but shall merely be for the convenience of the parties hereto.in

Most Favored Lender Status. The Company will not enter If the Borrower or any Subsidiary enters into, assume assumes or otherwise be is or becomes bound or obligated under under, or amends, restates or otherwise modifies, any agreement creating or evidencing any Indebtedness of the Borrower or any Subsidiary, or any refinancing or extension of all or any portion thereof (including without limitation all Senior Note Purchase Documents in excess of $1,000,000 containing existence on the date hereof and as amended or modified from time to time), to include one or more Additional Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on the date hereof), unless prior written notice of such agreement shall have been provided to the holders of the Notes. Unless the Company shall enter into, assume or otherwise become bound by or obligated under any such agreement with the prior written waiver by the Required Holders of the application of this Section 10.13Defaults, the terms of this Agreement shall, without any further action on the part of the Company Borrower, any Subsidiary or any of the holders of the NotesLenders, be deemed to be amended automatically and immediately to include each Additional Covenant and each Additional Default contained in such agreement. The Company Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the NotesAgent) an amendment to this Agreement in form and substance satisfactory to the Required Holders 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 10.136.25, but shall merely be for the convenience of the parties hereto.

Most Favored Lender Status. The Company will Borrower shall not, and shall not permit any Subsidiary, to enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Indebtedness in excess of $1,000,000 containing one or more Additional Financial Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on Defaults, without the date hereof), unless prior written notice of such agreement shall have been provided to the holders consent of the Notes. Unless Lender; provided that if the Company Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such agreement with without the prior written waiver by the Required Holders consent of the application of this Section 10.13Lender, the terms of this Agreement shall, without any further action on the part of the Company Borrower or any of the holders of the NotesLender, be deemed to be amended automatically to include each Additional Financial Covenant and each Additional Default contained in such agreement, but only for so long as such Additional Financial Covenants and Additional Defaults remain in effect with respect to such other agreement. The Company further covenants to Borrower shall promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the NotesAttorney Costs) an amendment to this Agreement in form and substance satisfactory to the Required Holders Lender evidencing the amendment of this Agreement to include such Additional Financial 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 10.13, but shall merely be for the convenience of the parties hereto7.

Most Favored Lender Status. The Company will not enter If the Borrower or any Subsidiary enters into, assume assumes or otherwise be is or becomes bound or obligated under under, or amends, restates or otherwise modifies, any agreement creating or evidencing any Indebtedness of the Borrower or any Subsidiary, or any refinancing or extension of all or any portion thereof (including without limitation all Note Purchase Documents in excess of $1,000,000 containing existence on the date hereof and as amended or modified from time to time), to include one or more Additional Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on the date hereof), unless prior written notice of such agreement shall have been provided to the holders of the Notes. Unless the Company shall enter into, assume or otherwise become bound by or obligated under any such agreement with the prior written waiver by the Required Holders of the application of this Section 10.13Defaults, the terms of this Agreement shall, without any further action on the part of the Company Borrower, any Subsidiary or any of the holders of the NotesLenders, be deemed to be amended automatically and immediately to include each Additional Covenant and each Additional Default contained in such agreement. The Company Borrower further covenants to promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the NotesAgent) an amendment to this Agreement in form and substance satisfactory to the Required Holders 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 10.136.27, but shall merely be for the convenience of the parties hereto.”

Most Favored Lender Status. The Company will shall not, and shall not permit any Subsidiary, to enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Indebtedness in excess of $1,000,000 15,000,000 containing one or more Additional Financial Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on Defaults, without the date hereof), unless prior written notice of such agreement shall have been provided to the holders consent of the Notes. Unless Required Lenders; provided that if the Company or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such agreement with without the prior written waiver by consent of the Required Holders of the application of this Section 10.13Lenders, the terms of this Agreement shall, without any further action on the part of the Company Company, the Administrative Agent or any of the holders of the NotesLender, be deemed to be amended automatically to include each Additional Financial Covenant and each Additional Default contained in such agreement, but only for so long as such Additional Financial Covenants and Additional Defaults remain in effect with respect to such other agreement. The Company further covenants to shall promptly execute and deliver at its expense (including the reasonable fees and expenses of counsel for the holders of the NotesAttorney Costs) an amendment to this Agreement in form and substance satisfactory to the Required Holders Lenders evidencing the amendment of this Agreement to include such Additional Financial 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 10.13, but shall merely be for the convenience of the parties hereto8.17.

Most Favored Lender Status. The Company will not and will not permit any Subsidiary to enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Indebtedness in excess of $1,000,000 500,000 containing one or more Additional Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on the date hereof)Defaults, unless prior written notice of consent to such agreement shall have been provided obtained pursuant to paragraph 11C; provided, however, in the holders of the Notes. Unless event the Company or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such agreement with without the prior written waiver by the Required Holders consent of the application holders of this Section 10.13the Notes, the terms of this Agreement shall, without any further action on the part of the Company or any of the holders of the Notes, be deemed 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 including, without limitation, the reasonable 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 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 10.13paragraph 6F, but shall merely be for the convenience of the parties hereto.. Notwithstanding the foregoing, the Bank Agreement and related documents as they exist on the date hereof are not implicated by this paragraph 6F.

Most Favored Lender Status. The Company Borrower will not and -------------------------- will not permit any Subsidiary to enter into, assume or otherwise be bound or obligated under any agreement creating or evidencing Material Indebtedness in excess of $1,000,000 containing one or more Additional Covenants (other than those in existence on the date hereof) or Additional Defaults (other than those in existence on the date hereof)Defaults, unless prior written notice of consent to such agreement shall have been provided obtained pursuant to Section 12.02; provided, however, in the holders of event the Notes. Unless the Company Borrower or any Subsidiary shall enter into, assume or otherwise become bound by or obligated under any such agreement with without the prior written waiver by the consent of Required Holders of the application of this Section 10.13Lenders, the terms of this Agreement shall, without any further action on the part of the Company Borrower or any of the holders of the Notesother party hereto, be deemed to be amended automatically to include each Additional Covenant and each Additional Default contained in such agreement. The Company Borrower further covenants to promptly execute and deliver at its expense (including including, without limitation, the reasonable fees and expenses of counsel for the holders of the NotesLenders) an amendment to this Agreement in form and substance satisfactory to the Required Holders 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 10.138.13, but shall merely be for the convenience of the parties hereto.