Common use of Prohibition of Amendments or Waivers Clause in Contracts

Prohibition of Amendments or Waivers. Amend, alter, modify, terminate or waive, or consent to any amendment, alteration, modification or waiver of (x) any material agreement to which any Credit Party is a party, including, without limitation, all agreements identified on Schedule 3.17 hereto, or the terms thereof in any manner which would change, alter or waive any material term thereof and which could reasonably be expected to (i) materially and adversely affect the collectibility of accounts receivable that form part of the Borrowing Base, (ii) materially and adversely affect the financial condition of the Credit Parties taken as a whole, (iii) materially and adversely affect the rights of the Lenders under this Credit Agreement, the other Fundamental Documents and any other agreements contemplated hereby, (iv) materially decrease the value of the Collateral, or (v) decrease the amount of the Borrowing Base to less than the then outstanding principal amount of the Loans, or (y) any agreement governing the Subordinated Debt in any manner whatsoever.

Appears in 2 contracts

Samples: Credit, Security, Guaranty and Pledge Agreement (First Look Studios Inc), Guaranty and Pledge Agreement (Overseas Filmgroup Inc)

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Prohibition of Amendments or Waivers. (a) Amend, ------------------------------------ alter, modify, terminate or waive, or consent to any amendment, alteration, modification or waiver of (x) any the WEA Distribution Agreement or other material agreement to which any Credit Party is a party, including, without limitation, all agreements identified on Schedule 3.17 hereto, or the terms thereof in any manner which would change, alter or waive any material term thereof and which could reasonably be expected to (i) materially and adversely affect the collectibility of accounts receivable that form part of the Borrowing Base, (ii) materially and adversely affect the financial condition of the Credit Parties Parties, taken as a whole, (iii) materially and adversely affect the rights of the Lenders under this Credit Agreement, the other Fundamental Documents and any other agreements contemplated hereby, (iv) materially decrease the value of the Collateral, or (v) decrease the amount of the Borrowing Base to less than the then outstanding principal amount of the Loans, or (y) any indenture or note purchase agreement governing the Secured Subordinated Notes or any other Subordinated Debt in any manner whatsoever.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Artisan Entertainment Inc)

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Prohibition of Amendments or Waivers. Amend, alter, modify, terminate or waive, or consent to any amendment, alteration, modification or waiver of (x) any Subordinated Debt indenture in any manner whatsoever or (y) any key employment agreement, or other material agreement to which any Credit Party is a party, including, without limitation, all agreements identified on Schedule 3.17 hereto, or the terms thereof in any manner which would change, alter or waive any material term thereof and which could reasonably be expected to (i) materially and adversely affect the collectibility of accounts receivable that form part of the Borrowing Base, Base (ii) materially and adversely affect the financial condition of the any Credit Parties taken as a wholeParty, (iii) materially and adversely affect the rights of the Lenders under this Credit Agreement, the other Fundamental Documents and any other agreements contemplated hereby, (iv) materially decrease the value of the Collateral, or (v) decrease the amount of the Borrowing Base to less than the then outstanding principal amount of the Loans, or (y) any agreement governing the Subordinated Debt in any manner whatsoever.

Appears in 1 contract

Samples: And Pledge Agreement (Trimark Holdings Inc)

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