Common use of Right to Amend, Etc Clause in Contracts

Right to Amend, Etc. As between the Lenders and the Senior Noteholders: (a) The Credit Agent and the Lenders 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 Note Agent or any Senior Noteholder, 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 Bank Credit Agreement Obligations, or obtain, release, or dispose of any Collateral therefor, or amend or supplement in any manner the Bank Credit Agreement, the Bank Credit Agreement Security Documents or any other agreements or instruments evidencing, securing or relating to the Bank Credit Agreement Obligations, and this Agreement shall continue in full force and effect with respect to all such Bank Credit Agreement Obligations, provided, however, that the Credit Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing; and (b) The Note Agent and the Senior Noteholders 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 Credit Agent or any Lender, 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 Note Obligations, or obtain, release, or dispose of any Collateral therefor, or amend or supplement in any manner the Senior Note Indenture, the Senior Note Security Documents or any other agreements or instruments evidencing, securing or relating to the Senior Note Obligations, and this Agreement shall continue in full force and effect with respect to all such Senior Note Obligations, provided, however, that the Note Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing.

Right to Amend, Etc. As between the Loan Lenders and the Senior NoteholdersBridge Secured Parties: (a) The Credit Loan Agent and the Loan Lenders 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 Note a Bridge Agent or any Senior NoteholderBridge Secured Party, 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 Bank Credit Loan Agreement Obligations, or obtain, release, or dispose of any Liquidity Collateral therefor, or amend or supplement in any manner the Bank Credit that does not conflict with this Agreement, the Bank Credit Loan Agreement, the Loan Agreement Security Documents or any other agreements or instruments evidencing, securing or relating to the Bank Credit Loan Agreement Obligations, and this Agreement shall continue in full force and effect with respect to all such Bank Credit Loan Agreement Obligations, ; provided, however, that the Credit Loan Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing; and. (b) The Note Agent Bridge Agents and the Senior Noteholders Bridge Secured Parties 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 Credit Loan Agent or any Loan Lender, 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 Note Bridge Obligations, or obtain, release, release or dispose of any Bridge Collateral therefor, or amend or supplement in any manner the Senior Note Indenturethat does not conflict with this Agreement, the Senior Note Interim Loan Agreements, the Bridge Security Documents or any other agreements agreements, instruments or instruments documents from time to time evidencing, securing or relating to the Senior Note Obligations, and this Agreement shall continue in full force and effect with respect to all such Senior Note Bridge Obligations, provided, however, that the Note each Bridge Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing.

Right to Amend, Etc. As between the Lenders and the Senior NoteholdersCredit Agent, on the one hand, and the Trustee and the Owner Participants, on the other hand: (a) The Credit Agent and the Lenders 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 Note Agent Trustee or any Senior NoteholderOwner Participant, 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 Bank Credit Agreement Obligations, or obtain, release, or dispose of any Collateral therefor, or amend or supplement in any manner the Bank Credit Agreement, the Bank Credit Agreement Security Documents or any other agreements or instruments evidencing, securing or relating to the Bank Credit Agreement Obligations, and this Agreement shall continue in full force and effect with respect to all such Bank Credit Agreement Obligations, ; provided, however, that (i) the Credit Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing; andforegoing and (ii) the aggregate principal amount of the Credit Agreement Obligations shall not exceed an amount which would cause a violation of Section 5.09 of the Secured Sale/Leaseback Participation Agreement (without giving effect to any amendment or modification thereof or of the defined term Permitted Debt used therein that would cause the restrictions set forth therein to be more restrictive). With respect to the limitation set forth in clause (ii) of the immediately preceding sentence, the Credit Agent shall be permitted to rely conclusively on an Officers' Certificate as to the permissibility of such Credit Agreement Obligations under the Secured Sale/Leaseback Participation Agreement. (b) The Note Agent Trustee and the Senior Noteholders Owner Participants 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 Credit Agent or any Lender, 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 Note Secured Sale/Leaseback Obligations, or amend or supplement in any manner the Secured Sale/Leaseback Lease, the Secured Sale/Leaseback Security Documents or any other agreements, instruments or documents evidencing, securing or relating to the Secured Sale/Leaseback Obligations, or obtain, release, or dispose of any Collateral therefor, or amend or supplement therefor in any manner accordance with the Senior Note Indenture, the Senior Note Security Documents or any other agreements or instruments evidencing, securing or relating to the Senior Note Obligationsterms of this Agreement, and this Agreement shall continue in full force and effect with respect to all such Senior Note Secured Sale/Leaseback Obligations, ; provided, however, that (i) the Note Agent Trustee shall comply with all applicable provisions of this Agreement in respect of any of the foregoing; and (ii) the aggregate Stipulated Loss Value of all Leased Equipment shall in no event exceed $227,275,544 as such amount is adjusted and/or reduced from time to time pursuant to the terms of the Secured Sale/Leaseback Documents or increased to reflect additional investments by the Owner Participants to fund modifications, alterations or improvements to the Leased Equipment (but in any event immediately after giving effect to such adjustment or increase the aggregate Stipulated Loss Value of all Leased Equipment shall not exceed the lesser of (x) 10% above the aggregate Stipulated Loss Value of all Leased Equipment in effect immediately prior to such adjustment or increase and (y) $227,275,544). (c) No provision of any Shared Collateral Security Document may be waived, supplemented, amended or modified without the prior written consent of the Credit Agent and the Trustee.

Right to Amend, Etc. As between the Loan Lenders and the Senior NoteholdersNote Secured Parties: (a) The Credit Loan Agent and the Loan Lenders 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 Note Agent or any Senior NoteholderNote Secured Party, 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 Bank Credit Loan Agreement Obligations, or obtain, release, or dispose of any Liquidity Collateral therefor, or amend or supplement in any manner the Bank Credit that does not conflict with this Agreement, the Bank Credit Loan Agreement, the Loan Agreement Security Documents or any other agreements or instruments evidencing, securing or relating to the Bank Credit Loan Agreement Obligations, and this Agreement shall continue in full force and effect with respect to all such Bank Credit Loan Agreement Obligations, ; provided, however, that the Credit Loan Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing; and. (b) The Note Agent and the Senior Noteholders Note Secured Parties 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 Credit Loan Agent or any Loan Lender, 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 Note Obligations, or obtain, release, release or dispose of any Note Collateral therefor, or amend or supplement in any manner that does not conflict with this Agreement, the Senior Note Indenture, the Senior Note Security Documents or any other agreements agreements, instruments or instruments documents from time to time evidencing, securing or relating to the Senior Note Obligations, and this Agreement shall continue in full force and effect with respect to all such Senior Note Obligations, provided, however, that the Note Agent shall comply with all applicable provisions of this Agreement in respect of any of the foregoing.