Common use of Prepayments and Amendments Clause in Contracts

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 2 contracts

Samples: Loan and Security Agreement (Vitalworks Inc), Loan and Security Agreement (Vitalworks Inc)

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Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(dSECTION 7.1(e), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(dSECTION 7.1(e), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections SECTIONS 7.1(b) or ), (c), or (d).

Appears in 2 contracts

Samples: Loan and Security Agreement (HPSC Inc), Loan and Security Agreement (HPSC Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or any Guarantor, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Paradyne Networks Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(f), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except (i) in connection with a refinancing permitted by Section 7.1(d7.1(f), or (ii) to the extent not adversely affecting Lender directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Brio Software Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Parent or any Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or 81 83 conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Hypercom Corp)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepayprepay (except as permitted under the Subordinated Note Agreement, as modified by the Sideletter Agreement), redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any 46 52 agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Interact Commerce Corp)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerany Loan Party, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Lighting Technologies Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), at any time an Event of Default shall have occurred and be continuing prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerowing to any third Person, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly Directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or ), (c), or (d) in any manner that is materially adverse to Borrower or to the ability of Borrower to repay the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Sands Regent)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section SECTION 7.1(d), , (a) prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of BorrowerBorrower or its Subsidiaries, other than the Obligations in accordance with this AgreementAgreement and Indebtedness described in SECTION 7.1(c) and as otherwise set forth on SCHEDULE 7.7(a), andor (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change in any manner materially adverse to the Lender any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections SECTION 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Mortons Restaurant Group Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections Section 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (3 D Systems Corp)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section SECTION 7.1(d)) or as otherwise permitted by SECTION 7.11, prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower, other than the Obligations in accordance with this AgreementAgreement (notwithstanding anything to the contrary contained herein, Parent may, subject to the subordination provisions contained in the Indenture, make mandatory regularly scheduled payments of interest on the Notes), and (b) Except in connection with a refinancing permitted by Section SECTION 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections SECTIONS 7.1(b) or ), (c), (i), or (j).

Appears in 1 contract

Samples: Loan and Security Agreement (Peregrine Systems Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(b), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d7.1(b), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections Section 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (I2 Technologies Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(f), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d7.1(f), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b), (c), (d) or (ce).

Appears in 1 contract

Samples: Loan and Security Agreement (Epicor Software Corp)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, (i) other than the Obligations in accordance with this Agreement, and (ii) as permitted in Section 7.17, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c)) if the effect of any such amendment, modification, alteration, increase, or change is materially adverse to Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Special Devices Inc /De)

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Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(e), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of any Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d7.1(e), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections Section 7.1(b) or (cSection 7.1(c).

Appears in 1 contract

Samples: Loan and Security Agreement (Mercury Air Group Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(h), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerany Obligor, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d7.1(h), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b), (c), (d), (e), (f) or (cg).

Appears in 1 contract

Samples: Loan and Security Agreement (Communications & Power Industries Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(dSECTION 7.1(D), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerany Loan Party, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(dSECTION 7.1(D), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(bSECTIONS 7.1(B) or (cC).

Appears in 1 contract

Samples: Loan and Security Agreement (Archibald Candy Corp)

Prepayments and Amendments. (a) Except in connection with a any refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this AgreementAgreement or as permitted by Section 7.18, and (b) Except in connection with a any refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(dSECTION 7.1(D), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrowerany Obligor, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section SECTION 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections SECTIONS 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Etoys Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d7.1(e), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d7.1(e), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b), (c) or (cd).

Appears in 1 contract

Samples: Loan and Security Agreement (Qad Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section 7.1(d), prepay, redeem, defease, purchase, or otherwise acquire any Indebtedness of Borrower, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections 7.1(b) or (c).

Appears in 1 contract

Samples: Loan and Security Agreement (Equifin Inc)

Prepayments and Amendments. (a) Except in connection with a refinancing permitted by Section SECTION 7.1(d), prepay, redeem, retire, defease, purchase, or otherwise acquire any Indebtedness of Borrowerowing to any third Person, other than the Obligations in accordance with this Agreement, and (b) Except in connection with a refinancing permitted by Section 7.1(d), directly Directly or indirectly, amend, modify, alter, increase, or change any of the material terms or conditions of any agreement, instrument, document, indenture, or other writing evidencing or concerning Indebtedness permitted under Sections SECTIONS 7.1(b) or ), (c), (d), OR (e), EXCEPT AS EXPRESSLY PERMITTED BY SECTIONS 7.1(d) AND 7.1(e).

Appears in 1 contract

Samples: Loan and Security Agreement (Aldila Inc)

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