Common use of Prepayments of Other Indebtedness Clause in Contracts

Prepayments of Other Indebtedness. Modifications of Certificate of Incorporation, Other Constitutive Documents or By-Laws and Certain Other Agreements, etc. (i) Make (or give any notice in respect thereof) any voluntary or optional payment or prepayment on or redemption or acquisition for value of, or any prepayment or redemption as a result of any asset sale, change of control or similar event of, any Subordinated Indebtedness, except as otherwise permitted by this Agreement; (ii) cause or permit any other obligation (other than the Obligations and the Guaranteed Obligations) to constitute Designated Senior Debt (or any similar term), as defined in the documents governing any such Subordinated Indebtedness; (iii) amend or modify, or permit the amendment or modification, assignment or license of any Transaction Document (including, without limitation, all documents relating to the Equity Financing) in each case except for amendments or modifications which are not in any way adverse in any material respect to the interests of the Lenders; or (iv) amend, modify or change the articles of incorporation or other constitutive documents (including by the filing or modification of any certificate of designation) or by-laws of Borrower and the Subsidiaries, or any agreement entered into by them, with respect to their capital stock (including any shareholders’ agreement), or enter into any new agreement with respect to their capital stock, other than any amendments, modifications, agreements or changes pursuant to this clause (iv) which do not in any way materially adversely affect in any material respect the interests of the Lenders.

Prepayments of Other Indebtedness. Modifications of Certificate of IncorporationMODIFICATIONS OF CERTIFICATE OF INCORPORATION, Other Constitutive Documents or ByOTHER CONSTITUTIVE DOCUMENTS OR BY-Laws and Certain Other AgreementsLAWS AND CERTAIN OTHER AGREEMENTS, etcETC. (i) Make (or give any notice in respect thereof) any voluntary or optional payment or prepayment on or redemption or acquisition for value of, or any prepayment or redemption as a result of any asset sale, change of control or similar event of, any Subordinated Indebtedness, except as otherwise permitted by this Agreement; (ii) cause or permit any other obligation (other than the Obligations and the Guaranteed Obligations) to constitute Designated Senior Debt (or any similar term), as defined in the documents governing any such Subordinated Indebtedness; (iii) amend or modify, or permit the amendment or modification, assignment or license of any Transaction Document (including, without limitation, all documents relating to the Equity Financing) in each case except for amendments or modifications which are not in any way adverse in any material respect to the interests of the Lenders; or (iv) amend, modify or change the articles of incorporation or other constitutive documents (including by the filing or modification of any certificate of designation) or by-laws of Borrower and the Subsidiaries, or any agreement entered into by them, with respect to their capital stock (including any shareholders’ ' agreement), or enter into any new agreement with respect to their capital stock, other than any amendments, modifications, agreements or changes pursuant to this clause (iv) which do not in any way materially adversely affect in any material respect the interests of the Lenders.

Prepayments of Other Indebtedness. Modifications of Certificate of IncorporationMODIFICATIONS OF ORGANIZATIONAL DOCUMENTS AND OTHER DOCUMENTS, Other Constitutive Documents ETC. Directly or By-Laws and Certain Other Agreements, etc.indirectly: (ia) Make make (or give any notice in respect thereof) any voluntary or optional payment or prepayment on or redemption or acquisition for value of, or any prepayment or redemption as a result of any asset sale, change of control or similar event of, any Indebtedness outstanding under any Subordinated Indebtedness, except as otherwise permitted by this Agreement; Agreement (ii) cause or permit any other obligation (other than the Obligations and the Guaranteed Obligations) to constitute Designated Senior Debt (or any similar term)including, as defined in the documents governing without limitation, any such Subordinated Indebtedness; payment or repayment in respect of Indebtedness permitted under Section 6.01(n)); (iiib) amend or modify, or permit the amendment or modificationmodification of, assignment or license any provision of any Transaction Document (including, without limitation, all documents relating to the Equity Financing) in each case except for amendments or modifications which are not in any way manner that is adverse in any material respect to the interests of the Lenders; or or (ivc) terminate, amend, modify (including, except as otherwise agreed by the Collateral Agent, electing to treat any Pledge Interests (as defined in the Security Agreement) as a "security" under Section 8-103 of the UCC) or change the articles any of incorporation or other constitutive documents its Organizational Documents (including by the filing or modification of any certificate of designation) or by-laws of Borrower and the Subsidiaries, or any agreement entered into by them, to which it is a party with respect to their capital stock its Equity Interests (including any shareholders’ stockholders' agreement), or enter into any new agreement with respect to their capital stockits Equity Interests, other than any such amendments, modifications, agreements modifications or changes pursuant to this clause (iv) or such new agreements which do are not in any way materially adversely affect adverse in any material respect to the interests of the Lenders; provided that Borrower may issue such Equity Interests, so long as such issuance is not prohibited by Section 6.13 or any other provision of this Agreement, and may amend its Organizational Documents to authorize any such Equity Interests.