Common use of Subordinated Debt Indenture Clause in Contracts

Subordinated Debt Indenture. (a) Enter into, without the prior written consent of the Required Lenders, any amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the terms of the Subordinated Debt if such amendment or modification would change (i) the principal amount of or rate of interest on the Subordinated Debt, (ii) the terms of repayment of the Subordinated Debt, (iii) the provisions relating to the deferral of interest on the Subordinated Debt, (iv) any terms or provisions of Article 12 (Subordination) of the Subordinated Debt Indenture, (v) the definition of "Event of Default" in the Subordinated Debt Indenture, or (vi) the provision of the Subordinated Debt Indenture which requires the trustee to give certain holders of senior indebtedness notices of defaults, accelerations and certain other events; provided, however, that the Lenders hereby consent to that certain First Supplemental Indenture dated December 1, 1995; or (b) Enter into, without the prior written consent of the Agent, any material amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the terms of the Subordinated Debt other than the amendments or modifications requiring the consent of the Required Lenders pursuant to clause (a) above; or (c) Consent, without prior written notice to the Agent, to any change in the trustee under the Subordinated Debt Indenture.

Subordinated Debt Indenture. On or prior to the date that is sixty (a60) Enter into, without days prior to the prior written consent of the Required Lenders, any amendment or modification of Maturity (as defined in the Subordinated Debt Indenture or other documents evidencing or governing the terms Indenture) of the Indebtedness under the Subordinated Debt if Note Indenture, the Borrowers shall have defeased, repaid or refinanced such amendment Indebtedness, or modification would change shall have obtained a commitment from a third party to refinance such Indebtedness prior to the Maturity thereof, or shall have notified the Administrative Agent that the Borrowers shall repay such Indebtedness from proceeds of the Loans and/or available cash; provided that, after giving effect to any such refinancing (i) the principal amount of the Indebtedness outstanding at such time is not increased (except by the amount of any accrued interest, reasonable closing costs, expenses, fees, and premium paid in connection with such extension, renewal or rate of interest on the Subordinated Debtreplacement), (ii) the terms result of repayment such refinancing of the Subordinated Debtor replacement shall not be an earlier maturity date or decreased weighted average life, (iii) the provisions relating holders of such refinancing Indebtedness are not afforded covenants, defaults, rights or remedies, taken as a whole, which are materially more burdensome to the deferral of interest on obligor or obligors than those contained in the Subordinated DebtIndebtedness being extended, renewed or replaced, (iv) the obligor or obligors under any terms such refinancing Indebtedness are the same as the obligor(s) under the Indebtedness being extended, renewed or provisions of Article 12 (Subordination) of the Subordinated Debt Indenturereplaced, (v) the definition of "Event of Default" in the Subordinated Debt Indenturerefinancing Indebtedness is unsecured, or (vi) the provision subordination, to the extent applicable, and other material provisions of the Subordinated Debt Indenture which requires the trustee refinancing Indebtedness are no less favorable to give certain holders of senior indebtedness notices of defaults, accelerations and certain other events; provided, however, that the Lenders hereby consent to that certain First Supplemental Indenture dated December 1, 1995; or (b) Enter into, without the prior written consent of the Agent, any material amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the than those terms of the Subordinated Debt Indebtedness being refinanced, and (vii) the refinancing Indebtedness is not exchangeable or convertible into any other than the amendments or modifications requiring the consent of the Required Lenders pursuant to clause Indebtedness which does not comply with clauses (ai) through (v) above; or (c) Consentand provided further that, without prior written notice upon such notification by the Borrowers to the AgentAdministrative Agent that the Borrowers shall repay such Indebtedness from proceeds of the Loans, to any change the Administrative Agent shall establish a Reserve under the Borrowing Base in the trustee under amount to be repaid until the Subordinated Debt Indenturedate such payment is made.

Subordinated Debt Indenture. (a) Enter into, without the prior written consent of the Required Lenders, any amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the terms of the Subordinated Debt if such amendment or modification would change (i) the principal amount of or rate of interest on the Subordinated Debt, (ii) the terms of repayment of the Subordinated Debt, (iii) the provisions relating to the deferral of interest on the Subordinated Debt, (iv) any terms or provisions of Article 12 (Subordination) of the Subordinated Debt Indenture, (v) the definition of "Event of Default" in the Subordinated Debt Indenture, or (vi) the provision of the Subordinated Debt Indenture which requires the trustee to give certain holders of senior indebtedness notices of defaults, accelerations and certain other events; provided, however, that the Lenders hereby consent to that certain [First Supplemental Indenture dated December 1, 1995dated_________ ]; or (b) Enter into, without the prior written consent of the Agent, any material amendment or modification of the Subordinated Debt Indenture or other documents evidencing or governing the terms of the Subordinated Debt other than the amendments or modifications requiring the consent of the Required Lenders pursuant to clause (a) above; or (c) Consent, without prior written notice to the Agent, to any change in the trustee under the Subordinated Debt Indenture." (b) The phrase "or 8.19" is hereby added after the phrase "or 8.18" in Section 10.1(f) of the Credit Agreement.