Common use of Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents Clause in Contracts

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents. Furthermore, the Company will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds any provision thereof in a manner which (i) when taken as a whole, is materially adverse to the Company, any Subsidiary and/or the Lenders or (ii) is more onerous than the existing applicable provision in the Subordinated Indebtedness Documents or the applicable provision in this Agreement (except in each case to the extent permitted under the applicable subordination agreement governing such Subordinated Indebtedness).

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company Borrower will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents. Furthermore, the Company Borrower will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds any provision thereof in a manner which (i) when taken as a whole, is materially adverse to the CompanyBorrower, any Subsidiary and/or the Lenders or (ii) is more onerous than the existing applicable provision in the Subordinated Indebtedness Documents or the applicable provision in this Agreement (except in each case to Agreement, unless the extent permitted same are required under the applicable subordination agreement governing then prevailing market conditions for such Subordinated Indebtedness)Indebtedness as reasonably determined by the Administrative Agent.

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company Except to the extent permitted in accordance with any applicable subordination agreement executed by the Administrative Agent, the Borrower will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents. Furthermore, the Company Borrower will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds any provision thereof in a manner which (i) when taken as a whole, is materially adverse to the CompanyBorrower, any Subsidiary and/or the Lenders or (ii) is more onerous onerous, when taken as a whole with any other applicable amendments, modifications or supplements, than the existing applicable provision in the Subordinated Indebtedness Documents or Documents, as determined in the applicable provision in good faith judgment of the board of directors of the Borrower. Notwithstanding the foregoing, this Agreement (except in each case Section 6.09 shall not apply to the extent permitted under the applicable subordination agreement governing such Subordinated Indebtedness)any Indebtedness evidenced by Permitted Convertible Notes.

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company Borrower will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents. Furthermore, the Company Borrower will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds any provision thereof in a manner which (i) when taken as a whole, is materially adverse to the CompanyBorrower, any Subsidiary and/or the Lenders or (ii) is more onerous than the existing applicable provision in the Subordinated Indebtedness Documents or the applicable provision in this Agreement (except in each case to the extent permitted under the applicable subordination agreement governing such Subordinated Indebtedness)Agreement.

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company Holdings will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquire, any Subordinated Indebtedness or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents, except for payments in respect of Subordinated Indebtedness so long as at the time of and immediately after giving effect (including giving effect on a Pro Forma Basis) thereto, (i) the Leverage Ratio is less than or equal to 3.25 to 1.00 and (ii) Liquidity is greater than or equal to $75,000,000. Furthermore, the Company Holdings will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds any provision thereof in a manner which (i) when taken as a whole, is materially adverse to Holdings, the CompanyBorrower, any Subsidiary and/or the Lenders or (ii) is more onerous than the existing applicable provision in the Subordinated Indebtedness Documents or the applicable provision in this Agreement (except in each case to Agreement, unless the extent permitted same are required under the applicable subordination agreement governing then prevailing market conditions for such Subordinated Indebtedness)Indebtedness as reasonably determined by the Administrative Agent.

Subordinated Indebtedness and Amendments to Subordinated Indebtedness Documents. The Company Borrower will not, and will not permit any Subsidiary to, directly or indirectly voluntarily prepay, defease or in substance defease, purchase, redeem, retire or otherwise acquireacquire prior to its stated maturity, any Subordinated Indebtedness Indebtedness, or any Indebtedness from time to time outstanding under the Subordinated Indebtedness Documents, at any time prior to the Maturity Date (except to the extent permitted under the applicable subordination agreement governing such Subordinated Indebtedness). Furthermore, the Company Borrower will not, and will not permit any Subsidiary to, amend the Subordinated Indebtedness Documents relating to any Subordinated Indebtedness or any document, agreement or instrument evidencing any Indebtedness incurred pursuant to the Subordinated Indebtedness Documents (or any replacements, substitutions, extensions or renewals thereof) or pursuant to which such Indebtedness is issued where such amendment, modification or supplement amends, modifies or adds in any provision thereof in a manner which (i) when taken as a whole, is materially adverse in any material respect to the Company, any Subsidiary and/or the Lenders or (ii) is more onerous than the existing applicable provision in the Subordinated Indebtedness Documents Administrative Agent or the applicable provision in this Agreement Lenders, without the prior written consent of the Administrative Agent (except in each case to the extent permitted under the applicable subordination agreement governing such Subordinated Indebtedness).