No Assignment or Modification. This XXXX may not be assigned, delegated or otherwise transferred by Licensee, by merger, acquisition, change of control, operation of law or otherwise, without the express prior written authorization of Quantum, which may withhold consent in its sole discretion. Any attempt by Licensee to assign, delegate or otherwise transfer this XXXX in violation of the foregoing restrictions shall be null and void and a breach and Quantum shall have the right, in addition to any other remedy available at law or in equity, to terminate this XXXX immediately or at any time subsequent to such breach. This XXXX can only be modified by a written agreement executed by the parties.
No Assignment or Modification. Each of Manager, L/C Provider and the Authority agree that until all of the Senior Note Obligations and Senior Subordinated PIK Notes Obligations have been paid in full in immediately available funds, neither Manager, L/C Provider nor the Authority will (a) assign or transfer, or agree to assign or transfer, to any Person (other than in favor of the Senior Notes Trustee for the benefit of the Senior Note Holders or, following the payment in full of the Senior Note Obligations, in favor of the Senior Subordinated PIK Notes Trustee) any claim such party has or may have against the Authority (including under the Manager Repayment Note and the L/C Note), except as expressly permitted under Section 5; or (b) otherwise amend, modify, supplement, waive or fail to enforce any provision of this Agreement or the Manager Repayment Note and the L/C Note except as permitted by Article 9 of the Senior Notes Indenture (or, following the payment in full of the Senior Note Obligations, as permitted by Article 9 of the Senior Subordinated PIK Notes Indenture).
No Assignment or Modification. The Subordinated Note Holder and the Authority agree that until all of the Senior Note Obligations have been paid in full in immediately available funds, neither the Subordinated Note Holder nor the Authority will (a) assign or transfer, or agree to assign or transfer (except as otherwise provided in Section 5, if applicable) to any Person (other than in favor of the Senior Notes Trustee for the benefit of the Senior Note Holders) any claim such party has or may have against the Senior Notes Trustee or Senior Note Holders or (b) otherwise amend, modify, supplement, waive or fail to enforce any provision of this Agreement except as permitted by Article 9 of the Senior Notes Indenture.
No Assignment or Modification. The Junior Creditor agrees that until the Other Payment Release Condition has been satisfied, the Junior Creditor will not (a) assign or transfer, or agree to assign or transfer, to any Person (other than in favor of the Trustee for the benefit of the Holders) any claim such party has or may have against the Company, except as expressly permitted under SECTION 5; or (b) otherwise amend, modify, supplement, waive or fail to enforce any provision of this Agreement except as permitted by Article 4 of the Indenture. The Junior Creditor shall be entitled to amend, modify or supplement any provisions of the Subordinated Note Financing Agreements without the prior written consent of the Trustee so long as such amendments, modifications or supplements do not: (i) cause the principal amount (or accreted value, as appropriate) of the Subordinated Note to exceed $10,000,000 plus accrued interest on the portion of the Subordinated Note to be amended and expenses; or (ii) cause the final maturity date of the Subordinated Note to be earlier than 91 days after the final maturity date of the First Mortgage Notes Obligations; or (iii) change circumstances upon which Premier is required to make mandatory prepayments of the Subordinated Note; or (iv) modify the interest rate (unless such increase does not increase the amount of cash portion of debt service associated with the Subordinated Note Claims payable prior to the Payment in Full of the First Mortgage Notes Obligations); or (v) modify the interest or principal payment dates under the Subordinated Note Financing Agreements, except for changes in payment dates corresponding to changes to principal or interest payment dates under the Indenture or the First Mortgage Notes; or (vi) otherwise violate or conflict with SECTIONS 4.09 and 4.07 of the Indenture [PERMITTED INDEBTEDNESS; RESTRICTED PAYMENT COVENANT]. Notwithstanding anything to the contrary in this SECTION 3.5, the Junior Creditor shall be entitled to retain any distributions of equally subordinated debt or equity securities to the extent permitted under SECTION 9.
No Assignment or Modification. This XXXX may not be assigned, delegated or otherwise transferred b y Licensee, by merger, acquisition, change of control, operation of law or otherwise, without the express prior written authorization of Quantum, which may withhold consent in its sole discretion. Any attempt b y Licensee to assign, delegate or otherwise transfer this XXXX in violation of the foregoing restrictions shall be null and void and a breach and Quantum shall have the right, in addition to any other remedy available at law or in equity, to terminate this XXXX at any time subsequent to such breach. This EU LA can o nly be modified by a written agreement executed by the parties.
No Assignment or Modification. This License is not transferable or assignable. None of the Software or Documentation may be sublicensed, assigned, or transferred to any other party without Quantum’s prior written consent. Any effort contradictory with this is null and void. This License can only be modified by a written agreement executed by the parties.
