No Amendments to Certain Documents. The Borrower will not, and will not permit BPI to (and BPI will not), at any time cause or permit its certificate of limited partnership, agreement of limited partnership (including without limitation the Agreement of Limited Partnership of the Borrower, articles of incorporation, by-laws, operating agreement or other charter documents, as the case may be), to be modified, amended or supplemented in any respect whatever, without (in each case) the express prior written consent or approval of the Agent, if such changes would affect BPI’s REIT status or otherwise materially adversely affect the rights of the Agent and the Banks hereunder or under any other Loan Document.
No Amendments to Certain Documents. The Borrower will not, and will not permit MCRC or any of their respective Subsidiaries to, at any time cause or permit its certificate of limited partnership, agreement of limited partnership, articles of incorporation, by-laws, certificate of formation, operating agreement or other charter documents, as the case may be, to be modified, amended or supplemented in any respect whatever, without (in each case) the express prior written consent or approval of the Administrative Agent, if such changes would adversely affect MCRC’s REIT status or otherwise materially adversely affect the rights of the Administrative Agent and the Lenders hereunder or under any other Loan Document.
No Amendments to Certain Documents. The Borrower and the Trust will not at any time cause or permit its certificate of limited partnership, agreement of limited partnership (including without limitation the Agreement of Limited Partnership of the Borrower), articles of incorporation, by-laws, operating agreement or other Organizational Documents, as the case may be, to be modified, amended or supplemented in any respect whatever, without (in each case) the express prior written consent or approval of the Agent, if such changes could reasonably be expected to affect the Trust’s REIT status or otherwise adversely affect the rights of the Agent and the Lenders hereunder or under any other Loan Document.
No Amendments to Certain Documents. The Borrowers will not, and will not permit any Guarantor to, at any time cause or permit its certificate of limited partnership, agreement of limited partnership, articles of incorporation, by-laws or other organizational documents, as the case may be, to be modified, amended or supplemented in any respect whatever, without (in each case) the express prior written consent or approval of the Required Lenders in their sole discretion, if such changes would affect Sovran's REIT status or could otherwise reasonably be expected to have a Material Adverse Effect.
No Amendments to Certain Documents. 47 7.22. Disclosure..........................................................................47 7.23.
No Amendments to Certain Documents. No Borrower shall at any time cause or permit any of the charter or other incorporation documents or by-laws of such Borrower or any of its Subsidiaries to be modified, amended or supplemented in any respect whatever, without (in each case) the express prior written agreement, consent or approval of each Bank, except for any such modification, amendment or supplement as would not, on the date on which proposed to be made, cause (a) an Event of Default or an event which, with notice or the passage of time, or both, would constitute an Event of Default, or (b) a breach of the financial covenants contained in Sections 5.24 through 5.26, inclusive, or 5.29 of this Agreement if such covenants were measured as of the date such modification, amendment or supplement is proposed to be made.
No Amendments to Certain Documents. None of the Loan Parties will, without the prior written consent of the Required Lenders,
(a) amend or permit the amendment of any of the Borrower Senior Notes, the Borrower Existing Senior Notes, the Borrower Existing Senior Notes Tender Offer Documents, the Borrower Senior Notes Indenture, the Borrower Existing Senior Notes Indenture, the Holdings Senior Notes, the Holdings Existing Senior Notes, the Holdings Existing Senior Notes Exchange/Tender Offer Documents, the Holdings Senior Notes Indenture or the Holdings Existing Senior Notes Indenture, except for (i) in the case of the Senior Notes Indentures, amendments thereto which are permitted to be effected by the trustees thereunder without the consent of the holders of the Senior Notes issued thereunder and (ii) in the case of the Borrower Existing Senior Notes Indenture and the Holdings Existing Senior Notes Indenture, supplements or amendments thereto required pursuant to clause (iv) of Section 5.01(c) as described in the Borrower Existing Senior Notes Tender Offer Documents and the Holdings Existing Senior Notes Exchange/Tender Offer Documents;
(b) amend or permit the amendment of any of the Organizational Documents of any Loan Party in any manner that could be in conflict with any term or provision of this Agreement or any other Loan Document or that could reasonably be expected to be materially adverse to either Agent or any Lender or the rights or remedies under this Agreement or any other Loan Document; and
(c) amend or permit the amendment of the Comdata Agreement in any manner which would result in an increase in the credit exposure or obligations of any Loan Party or any material adverse change (when considered as a whole) in the economic terms of the transactions contemplated thereby or in the nature of the transactions contemplated thereby.
No Amendments to Certain Documents. The Borrower will not, and will not permit any other member of the Borrower Affiliated Group to, at any time cause or permit any of the charter documents or other organizational documents of the Borrower or any other member of the Borrower Affiliated Group to be modified, amended or supplemented in any respect whatever without the express prior written agreement, consent or approval of the Lender, except for immaterial changes which could not reasonably be expected to adversely affect the Lender or its rights hereunder.
No Amendments to Certain Documents. Each Borrower represents that each of the representations and warranties made by it in any of the Loan Documents was true and correct in all material respects when made and continues to be true and correct in all material respects on the Closing Date, except to the extent that any of such representations and warranties relate, by the express terms thereof, solely to a date falling prior to the Closing Date, and except to the extent that any of such representations and warranties may have been affected by the consummation of the transactions contemplated and permitted or required by the Loan Documents.
No Amendments to Certain Documents. The Borrower shall not, nor shall permit any other member of the Borrower Affiliated Group to, at any time cause or permit any of the Ancillary Documents, the Material Contracts, or charter or other incorporation documents or by-laws of the Borrower or such other member of the Borrower Affiliated Group, to be modified, amended or supplemented in any respect whatever, except for such modification or amendment as would not, in the Lender’s reasonable discretion, effect any change adverse to the Lender, or have a Material Adverse Effect, without (in each case) the express prior written agreement, consent or approval of the Lender. Notwithstanding the foregoing, the Subordinated Debt Documents may be amended or modified in any respect except for the following amendments and modifications, each of which shall require the prior written consent of the Lender:
(i) any amendment or modification which would involve the payment of a material consent fee;
(ii) any amendment or modification which increases the principal amount, or the amount of any principal payment, of the TA Subordinated Debt;
(iii) any amendment or modification which shortens the maturity of the TA Subordinated Debt (including by way of acceleration or other advance of the dates on which any payment of principal or interest are due) or any change in any of the prepayment, redemption or repurchase provisions, if any, or any other alteration of the repayment provisions of the TA Subordinated Debt in any respect (other than any such other alteration which has the effect of extending the maturity of the TA Subordinated Debt);
(iv) any amendment or modification which increases the interest rate (including the default rate of interest), fees or premium applicable to the TA Subordinated Debt;
(v) any amendment of or modification to any of the subordination provisions contained in the Purchase Agreement, or any amendment or modification which further subordinates the TA Subordinated Debt to any other Indebtedness of the Borrower;
(vi) any amendment to or modification of any representations, warranties, covenants (financial or otherwise), defaults or events of default contained in the Subordinated Debt Documents so as to make them more restrictive than they are on the Closing Date (excluding any such amendment or modification as corresponds to a like amendment or modification of this Agreement);
(vii) any amendment or modification which adds any representations, warranties, covenants (financial or otherwise)...
