Common use of Voting Rights; Agent’s Discretionary Rights Clause in Contracts

Voting Rights; Agent’s Discretionary Rights. Notwithstanding anything contained in this Financing Agreement to the contrary, without the prior written consent of all Lenders, the Agent will not agree to: (a) amend or waive the Companies’ compliance with any term or provision of this Financing Agreement, if the effect of such amendment or waiver would be to (i) increase the Revolving Line of Credit or the Line of Credit, (ii) reduce (or forgive) the principal of, or rate of interest on, the Revolving Loans, (iii) reduce or waive the payment of any fee in which all Lenders share hereunder or (iv) extend the maturity date of any of the Obligations or the date fixed for payment of any installment thereof; (b) alter or amend (i) this Section 14.10, (ii) the definitions of “Eligible Accounts Receivable”, “Eligible Inventory”, “Collateral”, “Required Lenders” or “Supplemental Amount” or (iii) the advance rates set forth in clause (a) of the definition of Borrowing Base to increase such advance rates to a level greater than the level in effect on the Closing Date;

Appears in 2 contracts

Samples: Financing Agreement (G Iii Apparel Group LTD /De/), Financing Agreement (G Iii Apparel Group LTD /De/)

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Voting Rights; Agent’s Discretionary Rights. Notwithstanding anything contained in this Financing Agreement to the contrary, without the prior written consent of all Lenders, the Agent will not agree to: (a) amend or waive the Companies’ Company's compliance with any term or provision of this Financing Agreement, if the effect of such amendment or waiver would be to (i) increase the Revolving Line of Credit or the Line of Credit, (ii) reduce (or forgive) the principal of, or rate of interest on, the Revolving Loans, (iii) reduce or waive the payment of any fee in which all Lenders share hereunder or (iv) extend the maturity date of any of the Obligations or the date fixed for payment of any installment thereof; (b) alter or amend (i) this Section 14.10, 12.10 or (ii) the definitions of "Net Availability", "Availability Reserve", "Eligible Accounts Receivable", “Eligible Inventory”, “"Collateral”, “" or "Required Lenders” or “Supplemental Amount” or (iii) the advance rates set forth in clause (a) of the definition of Borrowing Base to increase such advance rates to a level greater than the level in effect on the Closing Date";

Appears in 1 contract

Samples: Financing Agreement (Werner Holding Co Inc /Pa/)

Voting Rights; Agent’s Discretionary Rights. Notwithstanding anything contained in this Financing Agreement to the contrary, without the prior written consent of all Lenders, the Agent will not agree to: (a) amend or waive the Companies’ compliance with any term or provision of this Financing Agreement, if the effect of such amendment or waiver would be to (i) increase the Revolving Line of Credit or the Line of Credit, (ii) reduce (or forgive) the principal of, or rate of interest on, the Revolving LoansLoans or the Term Loan or reduce the regularly scheduled amortization amount of the Term Loan, (iii) reduce or waive the payment of any fee in which all Lenders share hereunder or (iv) extend the maturity date of any of the Obligations Obligations, including, without limitation, the maturity date of the Term Loan, or the date fixed for payment of any installment thereof; (b) alter or amend (i) this Section 14.10, 14.10 or (ii) the definitions of “Availability Reserve”, “Eligible Accounts Receivable”, “Eligible Inventory”, “Collateral”, “Required LendersLetter of Credit Reserve”, “Net Availability”, “Net Average Availability” or “Supplemental Amount” or (iii) the advance rates set forth in clause (a) of the definition of Borrowing Base to increase such advance rates to a level greater than the level in effect on the Closing DateRequired Lenders”;

Appears in 1 contract

Samples: Financing Agreement (Under Armour, Inc.)

Voting Rights; Agent’s Discretionary Rights. Notwithstanding anything contained in this Financing Agreement to the contrary, without the prior written consent of all Lenders, the Agent will not agree to: (a) amend or waive the Companies’ compliance with any term or provision of this Financing Agreement, if the effect of such amendment or waiver would be to (i) increase the Revolving Line of Credit or the Line of Credit, (ii) reduce (or forgive) the principal of, or rate of interest on, the Revolving Loans, (iii) reduce or waive the payment of any fee in which all Lenders share hereunder or (iv) extend the maturity date of any of the Obligations Obligations, or the date fixed for payment of any installment thereof; (b) alter or amend (i) this Section 14.10, 14.10 or (ii) the definitions of “Eligible Accounts ReceivableAvailability Reserve”, “Eligible InventoryEffective Domestic Accounts Advance Rate”, “Effective Domestic Inventory Advance Rate”, “Collateral”, “Required LendersLetter of Credit Reserve”, “Net Availability” or “Supplemental Amount” or (iii) the advance rates set forth in clause (a) of the definition of Borrowing Base to increase such advance rates to a level greater than the level in effect on the Closing DateRequired Lenders”;

Appears in 1 contract

Samples: Financing Agreement (Under Armour, Inc.)

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Voting Rights; Agent’s Discretionary Rights. Notwithstanding anything contained in this Financing Agreement to the contrary, without the prior written consent of all Lenders, the Agent will not agree to: (a) amend or waive the Companies' compliance with any term or provision of this Financing Agreement, if the effect of such amendment or waiver would be to (i) increase the Revolving Line of Credit or the Line of Credit, (ii) reduce (or forgive) the principal of, or rate of interest on, the Revolving LoansLoans or the Term Loan, (iii) reduce or waive the payment of any fee in which all Lenders share hereunder or (iv) extend the maturity date of any of the Obligations or the date fixed for payment of any installment thereof; (b) alter or amend (i) this Section 14.10, (ii) the definitions of "Eligible Accounts Receivable", "Eligible Inventory”, “" "Collateral”, “" or "Required Lenders” or “Supplemental Amount” " or (iii) the advance rates set forth in clause (a) of the definition of Borrowing Base to increase such advance rates to a level greater than the level in effect on the Closing Date;

Appears in 1 contract

Samples: Financing Agreement (G Iii Apparel Group LTD /De/)

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