Right to Amend, Etc. The Committee may amend this Agreement at any time, provided that, unless first approved by vote of the stockholders of the Company, no amendment may be made in this Agreement which:
Right to Amend, Etc. As between the TL Creditors, on the one hand, and the Intermediate Holdco Creditors, on the other hand, it is agreed that the TL Creditors may at any time and from time to time, in their sole discretion, and without any obligation to give any notice or receive any consent from any Intermediate Holdco Creditor, in its capacity as such, (i) change the manner, place or terms of payment, or change or extend the time of payment of, or renew, alter, refinance, increase or add to the TL Obligations, (ii) obtain, release, or dispose of any Collateral for the TL Obligations (subject, however, to Sections 20, 22, and 32 of the U.S. Pledge Agreement), or (iii) amend or supplement in any manner the U.S. Pledge Agreement and the other Credit Documents or any other agreements or instruments evidencing, securing or relating to the TL Obligations (subject, however, in the case of the Credit Document Obligations, to Section 13.12 of the Credit Agreement and Section 22 of the U.S. Pledge Agreement), and the Annex I provisions of this Annex I shall continue in full force and effect with respect to all such TL Obligations.
Right to Amend, Etc. As between the Junior First Lien Creditors on the one hand and the Senior First Lien Creditors (including, without limitation, the Lenders) on the other hand, it is agreed that the Senior First Lien Creditors may at any time and from time to time, in their sole discretion, and without any obligation to give any notice or receive any consent from the Junior First Lien Creditors, (i) change the manner, place or terms of payment, or change or extend the time of payment of, or renew, alter, refinance, increase or add to the Senior First Lien Obligations, or (ii) obtain, release, or dispose of any Collateral for the Senior First Lien Obligations, and the provisions of this Agreement shall continue in full force and effect with respect to all such Senior First Lien Obligations.
Right to Amend, Etc. As between the Banks and the other Secured Creditors, it is agreed that the Secured Creditors (excluding the Banks in their capacities as such) may at any time and from time to time, in their sole discretion, and without any obligation to give any notice or receive any consent from any Bank in its capacity as such, change the manner, place or terms of payment, or change or extend the time of payment of, or renew, alter, refinance, increase or add to the First Priority Secured Obligations (subject, in the case of an increase in outstanding Indebtedness constituting Secured Obligations, to compliance to the relevant provisions of Section 7.01 hereof), or obtain, release, or dispose of any Collateral therefor, or amend or supplement in any manner the Existing Credit Agreement, the Collateral Documents or any other agreements or instruments evidencing, securing or relating to the First Priority Secured Obligations, and the provisions of this Section 11 shall continue in full force and effect with respect to all such First Priority Secured Obligations; provided, however, that the actions of the Secured Creditors in effecting any amendments, waivers or modifications of the Collateral Documents shall be required to be taken in compliance with the relevant provisions regarding amendments contained in the respective Collateral Document.
Right to Amend, Etc. The holders of the Subordinated Indebtedness acknowledge and agree that the holders of the Senior Indebtedness may, in their sole discretion (and without in any way diminishing or altering their rights hereunder or the subordination provisions contained herein), modify, amend, waive or release any of the terms of the Senior Indebtedness or of any other document relative thereto and to exercise or refrain from exercising any powers or rights which they may have thereunder; including, without limitation, the right to increase the amount, extend the maturity, change the payment terms, and to refinance all or any portion of the Senior Indebtedness. The Required Holders may modify, amend, waive or release any of the terms of this Agreement, the Notes, the Subsidiary Guaranty, the Warrants, the Registration Rights Agreement or the Subordinated Indebtedness or any document relative thereto, including, without limitation, to increase the amount, extend the maturity, change any payment terms and to refinance all or any portion of the Subordinated Indebtedness and, subject to the provisions of this Agreement, to exercise or refrain from exercising any powers or rights which they may have thereunder; provided, that, any such modification, amendment, waiver or release shall not be inconsistent with the provisions of this Section 4 or otherwise adversely affect the rights and remedies of the holders of the Senior Indebtedness hereunder. The Required Holders shall promptly notify the Agent of any such modification, amendment, waiver or release. This Agreement, together with the Notes, the Subsidiary Guaranty, the Warrants, the Registration Rights Agreement and any other documents and agreements related thereto, sets forth the entire understanding of the parties hereto with respect to the subject matter hereof and may not be amended except by an instrument in writing executed and delivered by the parties hereto.
Right to Amend, Etc. As between the Lenders and the Senior Noteholders:
Right to Amend, Etc. As between the Loan Lenders and the Note Secured Parties:
Right to Amend, Etc. As between the Bank Creditors on the one hand and the Senior Second Lien Notes Creditors on the other hand, it is agreed that the Bank Creditors may at any time and from time to time, in their sole discretion, and without any obligation to give any notice or receive any consent from any Senior Second Lien Notes Creditor, in its capacity as such, (i) change the manner, place or terms of payment, or change or extend the time of payment of, or renew, alter, refinance, increase or add to the First Lien Obligations, (ii) obtain, release, or dispose of any Collateral for the First Lien Obligations (subject, however, to Sections 10.2 and 10.8 of the Security Agreement), or (iii) amend or supplement in any manner the Security Agreement and the other Credit Documents or any other agreements or instruments evidencing, securing or relating to the First Lien Obligations (subject, however, in the case of the First Lien Obligations, to Section 10.2 of the Security Agreement), and the provisions of this Annex D shall continue in full force and effect with respect to all such First Lien Obligations. Annex D
Right to Amend, Etc. Any demand for payment of any Indebtedness or delivery of collateral from Borrower upon the occurrence of an Event of Default made by any Lender may be rescinded in whole or in part by such Lender. Lenders may exercise or refrain from exercising any rights or remedies against the Borrower and others, if any, liable under the Indebtedness. The Indebtedness shall conclusively be deemed to have been created, contracted and incurred and permitted to remain outstanding in reliance upon the provisions of this Agreement.
Right to Amend, Etc. The holders of the Senior Indebtedness shall have -------------------- the right, in their sole discretion (and without in any way diminishing or altering their rights hereunder or the subordination provisions contained herein), to modify, amend, waive or release any of the terms of the Credit Agreement, the Financing Agreements or the Senior Indebtedness or of any other document relative thereto and to exercise or refrain from exercising any powers or rights which it may have thereunder; provided that in no event shall the -------- Financing Agreements or the Refinanced Financing Agreements contain any provision that would (i) directly prohibit the Credit Parties from making payments in respect of the Subordinated Indebtedness in any manner which is not already specifically prohibited by this Agreement or directly prohibit the amendment of any instrument or agreement evidencing Subordinated Indebtedness except as provided in Section 6 hereof, (ii) extend the maturity of any Senior Indebtedness to a date that is beyond the maturity date of the Subordinated Indebtedness without the consent of the holders of a majority of the Subordinated Indebtedness, (iii) cause the maximum principal amount of the Senior Indebtedness to exceed $65,000,000 at any time, or (iv) amend the definition of Collateral set forth in the Existing Credit Agreement except as may be necessary to conform to amendments to the Uniform Commercial Code.
