Common use of Payments and Modifications of Certain Debt Instruments Clause in Contracts

Payments and Modifications of Certain Debt Instruments. Preferred Stock and Company Documents. (a) Make or offer to make any payment, ------------------------------------- prepayment, repurchase or redemption of or otherwise defease or segregate funds with respect to Senior Notes or any Permitted Debt Refinancing incurred to refinance the Increasing Rate Term Loan Facility other than interest payments expressly required by the terms thereof, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Senior Note Indenture, or the Increasing Rate Term Loan Facility or any Indebtedness assumed or issued to replace or refinance the Increasing Rate Term Loan Facility or Revolving Loan Facility (including any Permitted Debt Refinancing) but other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee, (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the New Preferred Stock in a manner which (x) would increase the amount of Dividends or shorten the time of payments thereon, shorten the time for any scheduled redemption, or increase the amount thereof or add any additional rights to the holders thereof to receive mandatory redemptions or add covenants restricting the operations of the Borrower and its Subsidiaries (other than Special Purpose Subsidiaries) or (y) would be reasonably likely to be materially adverse to the Lenders or (d) amend, modify or change its certificate of incorporation or articles of incorporation (including, without limitation, by the filing or modification of any certificate of designation) articles of association or certificate of formation limited liability company agreement by-laws (or the equivalent organizational documents) which would be reasonably likely to be materially adverse to the Lenders."

Payments and Modifications of Certain Debt Instruments. Preferred Stock and Company Documents. (a) Make or offer to make any payment, ------------------------------------- prepayment, repurchase or redemption in respect of or otherwise defease or segregate funds with respect to the Senior Notes, any Subordinated Debt, any Borrower/Holdings Subordinated Debt, or any Subordinated Seller Note, other than scheduled interest payments in respect of the Senior Notes and any Cash Pay Subordinated Debt and liquidated damages payable pursuant to the Registration Rights Agreement (as defined in the Senior Note Indenture) with respect to the Senior Notes (it being understood that no interest payments pursuant to the Subordinated Seller Notes and the Borrower/Holdings Subordinated Debt shall be permitted), provided that Holdings may (i) repurchase any -------- Subordinated Seller Note so long as none of the consideration therefor is paid, directly or indirectly, by the Borrower or any Permitted Debt Refinancing incurred of its Subsidiaries or by any Subsidiary of Holdings and (ii) repurchase Senior Notes pursuant to refinance the Increasing Rate Term Loan Facility other than interest payments expressly required by the terms thereofan Investment made in accordance with Section 7.8(p)(i), or (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the Senior Note Indenture, or the Increasing Rate Term Loan Facility Senior Notes, any Subordinated Debt or any Indebtedness assumed or issued to replace or refinance the Increasing Rate Term Loan Facility or Revolving Loan Facility Subordinated Seller Note (including any Permitted Debt Refinancing) but other than any such amendment, modification, waiver or other change that (i) (x) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or (y) would not be adverse to the interests of the Lenders and (ii) does not involve the payment of a consent fee, (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the New Preferred Stock in a manner which (x) would increase the amount of Dividends or shorten the time of payments thereon, shorten the time for any scheduled redemption, or increase the amount thereof or add any additional rights to the holders thereof to receive mandatory redemptions or add covenants restricting the operations of the Borrower and its Subsidiaries (other than Special Purpose Subsidiaries) or (y) would be reasonably likely to be materially adverse to the Lenders or (d) amend, modify or change its certificate of incorporation or articles of incorporation (including, without limitation, by the filing or modification of any certificate of designation) articles of association or certificate of formation limited liability company agreement by-laws (or the equivalent organizational documents) which would be reasonably likely to be materially adverse to the Lenders)."

Payments and Modifications of Certain Debt Instruments. and Preferred Stock and Company DocumentsStock. (a) Make or offer to make any payment, ------------------------------------- prepayment, ------------------- repurchase or redemption of or otherwise defease or segregate funds with respect to Senior Notes or any Permitted Debt Refinancing incurred to refinance Term Loans under the Increasing Rate Term Loan Facility Senior Credit Facilities, other than interest payments expressly required by the terms thereofthereof and pursuant to mandatory prepayment provisions contained in the Senior Credit Facilities (and as expressly permitted in this Agreement), (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Senior Note Indenture, or the Increasing Rate Term Loan Facility or any Indebtedness assumed or issued to replace or refinance the Increasing Rate Term Loan Facility or Revolving Loan Facility Indenture (including any Permitted Debt Refinancing) but other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee, ) or (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, to any of the terms of the (A) New Preferred Stock in a manner which (x) would increase the amount of Dividends or shorten the time of payments thereon, shorten the time for any scheduled redemption, or increase the amount thereof or add any additional rights to the holders thereof to receive mandatory redemptions or add covenants restricting the operations of the Borrower and its Subsidiaries (other than Special Purpose Subsidiaries) or (y) would be reasonably reason- ably likely to be materially adverse to the Lenders or (dB) amend, modify or change its certificate of incorporation or articles of incorporation (including, without limitation, by the filing or modification of any certificate of designation) articles of association or certificate of formation limited liability company agreement by-laws (or the equivalent organizational documents) Securities Purchase Agreement in a manner which would be reasonably likely to be materially adverse to the Lenders."

Payments and Modifications of Certain Debt Instruments. and Preferred Stock and Company DocumentsStock. (a) Make or offer to make any payment, ------------------------------------- prepayment, ------------------- repurchase or redemption of or otherwise defease or segregate funds with respect to Senior Notes or any Permitted Debt Refinancing incurred to refinance Indebtedness under the Increasing Rate Term Loan Facility Facility, other than interest payments expressly required by the terms thereofthereof and pursuant to mandatory prepayment provisions contained in the Increasing Rate Term Loan Facility (and as expressly permitted in this Agreement), (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Senior Note Indenture, Indenture or the Increasing Rate Term Loan Facility or any Indebtedness assumed or issued to replace or refinance the Increasing Rate Term Loan Facility or Revolving Loan Facility (including any Permitted Debt Refinancing) but other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee, ) or (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the (A) New Preferred Stock in a manner which (x) would increase the amount of Dividends or shorten the time of payments thereon, shorten the time for any scheduled redemption, or increase the amount thereof or add any additional rights to the holders thereof to receive mandatory redemptions or add covenants restricting the operations of the Borrower and its Subsidiaries (other than Special Purpose Subsidiaries) or (y) would be reasonably likely to be materially adverse to the Lenders or (dB) amend, modify or change its certificate of incorporation or articles of incorporation (including, without limitation, by the filing or modification of any certificate of designation) articles of association or certificate of formation limited liability company agreement by-laws (or the equivalent organizational documents) Securities Purchase Agreement in a manner which would be reasonably likely to be materially adverse to the Lenders."