Common use of Voting Rights; Enforcement of Loan Clause in Contracts

Voting Rights; Enforcement of Loan. Except as specifically provided in this Agreement, it is understood and agreed that the Agent may, without the prior written consent of the Lenders, (i) agree to the modification, waiver or release of any term or provision of the Loan Documents, (ii) give or withhold consents or approvals to any actions or failures to act by Bxxxxxxx, (iii) exercise or refrain from exercising, or waive, any rights or powers or take or refrain from taking any actions which may be vested in the Agent or which the Agent may be entitled to take or assert under the Loan Documents, and (iv) take such other and further action as the Agent may deem necessary for the effective administration of the Term Loan; provided, however, no such amendment, waiver or consent shall, unless in writing and signed by all Lenders directly affected thereby, do any of the following: (a) change the stated Maturity Date or postpone any date fixed by this Agreement or any other Loan Document for any payment of principal (including any mandatory principal prepayments), interest, fees or other amounts due to Agent or any Lender under this Agreement or under any other Loan Document; (b) reduce the principal of, or the rate of interest specified herein on, any portion of the Term Loan, or any fees or other amounts payable under any Loan Document; provided, however, that Agent may waive any obligation of Borrower to pay interest at the default rate specified in Section 2.4; (c) increase the Commitment of any Lender; (d) release all of the Collateral or the liability of the Borrower or any existing Guarantor except as expressly permitted herein; (e) change the ranking or priority of the Term Loan or any security interest thereunder; (f) subordinate the Term Loan or the Lenders’ interests; (g) Any matter hereunder which requires the consent of “the Lenders” or “all Lenders” or words of similar effect; or (h) change the priority of application of any payments, or the terms of Section 3.3.

Voting Rights; Enforcement of Loan. Except as specifically provided in this Agreement, it is understood and agreed that the Agent may, without the prior written consent of the Lenders, (i) agree to the modification, waiver or release of any term or provision of the Loan Documents, (ii) give or withhold consents or approvals to any actions or failures to act by Bxxxxxxx, (iii) exercise or refrain from exercising, or waive, any rights or powers or take or refrain from taking any actions which may be vested in the Agent or which the Agent may be entitled to take or assert under the Loan Documents, and (iv) take such other and further action as the Agent may deem necessary for the effective administration of the Term Loan; provided, however, no such amendment, waiver or consent shall, unless in writing and signed by all Lenders directly affected thereby, do any of the following: (a) change the stated Maturity Date or postpone any date fixed by this Agreement or any other Loan Document for any payment of principal (including any mandatory principal prepayments), interest, fees or other amounts due to Agent or any Lender under this Agreement or under any other Loan Document; (b) reduce the principal of, or the rate of interest specified herein on, any portion of the Term Loan, or any fees or other amounts payable under any Loan Document; provided, however, that Agent may waive any obligation of Borrower to pay interest at the default rate specified in Section 2.42.3; (c) increase the Commitment of any Lender; (d) release all of the Collateral or the liability of the Borrower or any existing Guarantor except as expressly permitted herein; (e) change the ranking or priority of the Term Loan or any security interest thereunder; (f) subordinate the Term Loan or the Lenders’ interests; (g) Any matter hereunder which requires the consent of “the Lenders” or “all Lenders” or words of similar effect; or (h) change the priority of application of any payments, or the terms of Section 3.3.