No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person (including CDOT) to, without the prior written consent of the TIFIA Lender, either (i) extinguish, impair, or transfer the Liens on the Trust Estate granted pursuant to the Indenture, (ii) terminate, assign, amend, modify, replace, or supplement any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Xxxxxx’s determination) in connection with the TIFIA Loan, (iii) waive or permit a waiver of any provision of any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, [including any waiver of its right to receive liquidated damages pursuant to Section I.2 of the I-25N IAA] or any agreement to terminate CDOT’s obligations under Section III of the I-25N IAA, (iv) amend the Indenture, pursuant to Section 7.01(p) thereof or otherwise, to facilitate the issuance of Bonds that are payable from the Trust Estate on a basis subordinate to any Senior Obligations or TIFIA Loans; (v) amend any CDOT O&M Loan Agreement to allow for acceleration of any CDOT O&M Loans thereunder; or (vi) terminate, assign, amend or modify, or waive timely performance by any party of material covenants under any Principal Project Contract except for a termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect (in the XXXXX Xxxxxx’s determination). Except as otherwise agreed by the XXXXX Xxxxxx in writing, the Borrower will provide to the TIFIA Lender complete, correct and fully executed copies of any amendment, modification or supplement to any Related Document within five (5) Business Days after execution thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the TIFIA Lender, either (i) extinguish or impair the Liens on the Trust Estate granted pursuant to the Indenture, (ii) amend, modify, replace or supplement any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iii) waive or permit a waiver of any provision of any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, or (iv) terminate, assign, amend or modify, or waive timely performance by any party of material covenants under any Principal Project Contract except for termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect (in the TIFIA Lender’s determination). Except as otherwise agreed by the TIFIA Lender in writing, the Borrower will provide to the TIFIA Lender (x) copies of any proposed amendments, modifications, replacements of, or supplements to any Related Document at least thirty (30) days prior to the effective date thereof and (y) complete, correct and fully executed copies of any amendment, modification or supplement to any Related Document within five (5) Business Days after execution thereof.114
No Lien Extinguishment or Adverse Amendments. Neither City Related Party shall, or shall permit any Person to, without the prior written consent of the WIFIA Credit Provider or as otherwise specifically permitted in the WIFIA Credit Documents, (i) extinguish the Rate Covenant, (ii) extinguish or impair the Liens on the Pledged Collateral or any dedicated source of repayment of the Outstanding Balance (and the corresponding unpaid Principal Components of the Installment Payments) or any other Obligations (the proceeds of which are applied to fund Total Project Costs), in each case granted pursuant to the Financing Documents,
No Lien Extinguishment or Adverse Amendments. Borrower shall not, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Trust Estate, except as provided under the Master Trust Indenture, (ii) amend, modify or supplement any Related Document or the CDOT O&M Loan Agreement in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan or (iii) terminate, assign, amend or modify, or waive timely performance by CDOT or any other party of material covenants under, the Design-Build Contract or any other Principal Project Contract except for termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect. Except as otherwise agreed by the TIFIA Lender in writing, the Borrower will provide to the TIFIA Lender copies of any proposed amendments to any Related Document at least 30 days prior to the effective date thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i) extinguish the Rate Covenant; (ii) extinguish or impair the Liens on the Pledged Collateral or any dedicated source of repayment of the WIFIA Loan or any other Bonds (the proceeds of which are applied to fund Total Project Costs), in each case granted pursuant to the Bond Resolution, (iii) amend, modify, replace or supplement any Related Document or permit a waiver of any provision thereof in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to result in a Material Adverse Effect, or (iv) terminate, assign or replace any Related Document in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to have a Material Adverse Effect.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person (including CDOT) to, without the prior written consent of the TIFIA Lender, either (i) extinguish or impair the Liens on the Trust Estate granted pursuant to the Indenture, (ii) amend, modify, replace, or supplement any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iii) waive or permit a waiver of any provision of any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iv) amend the Indenture, pursuant to Section 7.01(p) thereof or otherwise, to facilitate the issuance of Bonds that are payable from the Trust Estate on a basis subordinate to any Senior Obligations or TIFIA Loans; (v) amend any CDOT O&M Loan Agreement to allow for acceleration of any CDOT O&M Loans thereunder; or
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Collateral, except as provided under the Collateral Agency Agreement and other Security Documents, (ii) amend, modify or supplement any Related Document in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan,
No Lien Extinguishment or Adverse Amendments. Neither the Borrower/Issuer nor the Concessionaire shall, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Collateral, except as provided under the Indenture and other Security Documents, or (ii) amend, modify or supplement the Senior Loan Agreement or any Related Document in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan. Except as otherwise agreed by the TIFIA Lender in writing, the Concessionaire will provide to the TIFIA Lender copies of any proposed amendments to the Senior Loan Agreement or any Related Document at least 30 days prior to the effective date thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i) extinguish or impair the Liens on the Pledged Collateral granted pursuant to the Subordinate Trust Agreement and the WIFIA Series Agreement, (ii) amend, modify, replace or supplement any WIFIA Loan Document or the VRA Intercreditor Agreement or in each case permit a waiver of any provision thereof, (iii) amend, modify, replace, supplement, terminate or assign any VRA Agreement or permit a waiver of any provision thereof in each case in a manner that could reasonably be expected to materially adversely affect the WIFIA Lender in connection with the WIFIA Loans, the Pledged Collateral or the WIFIA Lender’s rights or remedies under any Related Document or (iv) amend, modify, replace, supplement, terminate or assign any Trust Agreement or Supplement or permit a waiver of any provision thereof in each case in a manner that could reasonably be expected to materially adversely affect the WIFIA Lender in connection with the WIFIA Loans in a disproportionate manner compared to other holders of Parity Obligations; provided that this covenant shall not prohibit any Supplement permitted to be made without the consent of any holder of Parity Obligations pursuant to Section 1101 (Supplemental Trust Agreements without Consent of Holders) of the Subordinate Trust Agreement.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Credit Provider, (i) extinguish or impair the Liens on the Net Revenues granted pursuant to this Agreement or any other WIFIA Credit Document, (ii) amend, modify, replace or supplement the WIFIA Bond Resolution or the WIFIA Ordinance or permit a waiver of any provision thereof or any other WIFIA Credit Document, (iii) amend, modify, replace or supplement any Related Document or permit a waiver of any provision thereof in a manner that could adversely affect the WIFIA Credit Provider or could reasonably be expected to result in a Material Adverse Effect,
