Amendment of Certain Documents Clause Samples

Amendment of Certain Documents. (a) Amend, modify, cancel or grant any waiver with respect to any indenture, note or any other instrument evidencing Indebtedness for money borrowed or preferred or preference stock or pursuant to which any Indebtedness for money borrowed or such stock was issued or issue any securities in exchange for any Indebtedness for money borrowed or any preferred or preference stock; provided, however, that such Person may amend, modify or grant a waiver with respect to any such indenture, note or other instrument if such amendment, modification or waiver does not have the effect of (i) increasing the amounts due in respect of any such indenture, note or other instrument or any interest rate thereunder, (ii) subjecting any property of such Person or any property of any Subsidiary of such Person to any Lien to which it was not so subject immediately prior to any such amendment, modification or waiver, (iii) shortening the maturity or average life of any such Indebtedness for borrowed money or (iv) creating or changing any covenant or similar restriction or event of default having application to such Person to make any such covenant or similar restriction more restrictive on such Person. (b) Cause or suffer to exist any amendment or modification to or supplement of the certificate of incorporation or by-laws of such Person, any Loan Document or any Basic Agreement, without the prior written consent of the Required Lenders, unless such amendment, modification or supplement is not adverse to the interests of the Lenders hereunder or under the other Loan Documents. (c) Permit, cause or suffer to exist any direct or indirect amendment, modification or supplement to any of the Receivables Program Documents unless such amendment, modification or supplement is in form and substance satisfactory to the Senior Managing Agents, provided that (i) any proposed amendment, modification or supplement to the Receivables Program Documents shall first be submitted by the Borrower to the Senior Managing Agents in writing and no such amendment, modification or supplement that, in the opinion of the Senior Managing Agents, has an adverse effect on the Lenders shall be effected unless the prior written consent of the Required Lenders shall have been obtained and (ii) no consent of the Senior Managing Agents or the Required Lenders shall be required for any waiver by the Receivables Program lenders of their rights under the Receivables Program Documents that is not detrimental in any respe...

Amendment of Certain Documents. Such Borrower shall not amend or otherwise modify its Organizational Documents in any manner that would materially adversely affect the Lender as a holder of such Borrower’s Note.

Amendment of Certain Documents. The Borrower shall not, and shall not permit any Significant Subsidiary to, modify, amend, supplement or terminate, or agree to modify, amend, supplement or terminate its certificate of incorporation or by-laws or any other constituent documents, in any manner which would materially and adversely affect the interests of any of the Lenders hereunder.

Amendment of Certain Documents. The Agent, for itself and on behalf of the Lenders, hereby agrees for the benefit of the Trust and the Investors that it will not amend, alter or otherwise modify, or consent to any amendment, alteration or modification of, the Lease (including the definitions of any terms used in such document) without the prior written consent of the Trust and both Investors, as the case may be, if such amendment, alteration or modification would adversely affect the interests of the Trust or the Investors. Provisions requiring consent, include any amendment, alteration or modification that would release the Lessee from any of its obligations in respect of the payment of Basic Rent, Supplemental Rent, Termination Value, Maximum Residual Guarantee Amount or the Purchase Option Price or any other payments in respect of the Equipment as set forth in the Lease, or amend the provisions of Section 8 of the Credit Agreement, or reduce the amount of, or change the time or manner of payment of, obligations of the Lessee as set forth in the Lease, or create or impose any obligation on the part of the Trust or the Investors under the Lease, or extend or shorten the duration of the Term, or modify the provisions of this Section 9.3.

Amendment of Certain Documents. Enter into any amendment, modification or waiver of any of the terms of any of the Acquisition Documents which amendment, modification or waiver would have a Material Adverse Effect.

Amendment of Certain Documents. (a) Amend, modify or waive any term or provision of its Organizational Documents (including the Partnership Agreement), the Services Agreement, the Midwest Frac Agreement or any Material Contract in a manner material and adverse to Agent or any Lender (for the avoidance of doubt, any amendment, modification or other change in the Partnership Agreement that would result in an increase in dividends or distributions payable thereunder is hereby deemed material and adverse to Agent and the Lenders); provided, however, a Credit Party may amend its Organizational Documents to change its legal name in compliance with Section 6.13(a). (b) Amend, modify or waive any term or provision of any documentation relating to the Specified Obligations in a manner material and adverse to Agent or any Lender (for the avoidance of doubt, any amendment, modification or other change in such documentation (i) to increase the aggregate amount of Specified Obligations that is secured, (ii) to increase the aggregate amount of Specified Obligations by more than 10% than such amount outstanding on the Amendment No. 3 Effective Date (other than by operation of the terms of such documentation as in effect on the Amendment No. 3 Effective Date or by capitalizing any rental or interest payable in respect of Specified Obligations), (iii) to accelerate or otherwise make earlier any payment date or (iv) to add any restriction on any sale, lease, transfer or other disposition of Collateral or on the amendment, restatement, waiver, supplement or refinancing of any Senior Lien Obligations (as defined in the Junior Lien Intercreditor Agreement) is hereby deemed material and adverse to Agent and the Lenders). The Credit Parties shall provide Agent a final draft of any amendment, modification or waiver of any documentation relating to the Specified Obligations at least three Business Days in advance of the proposed effectiveness of any such amendment, modification or waiver; provided that, in the case of any modifications to security documents relating to the Specified Obligations that are required by Section 5.03(b) of the Junior Lien Intercreditor Agreement, no advance notice shall be required but a copy thereof shall be provided to Agent following effectiveness. (c) Amend, modify or waive any term or provision of any Specified Document in a manner material and adverse to Agent or any Lender; provided that the following amendments and modifications are deemed to be material and adverse to the Age...

Amendment of Certain Documents. Amend, modify or otherwise alter (or suffer to be amended, modified or altered) the Subordinated Debt Documents, the Acquisition Documents or the Surety Agreements except as permitted in the applicable Subordinated Debt Documents and Subordination Agreements, or if no such restrictions exist in the applicable Subordinated Debt Documents or Subordination Agreements, without the prior written consent of the Agent.

Amendment of Certain Documents. (a) The Company shall not amend, modify or change, nor shall it permit any Loan Party to amend, modify or change, its Organizational Documents in any manner which could adversely affect the rights of the Administrative Agent or the Lenders. (b) The Company shall not, and shall not permit any of its Subsidiaries to, amend or otherwise change any of the terms of the PBGC Agreements in any manner with respect to the granting, continuation or termination of Liens on any of the assets of the Company or its Subsidiaries or the priority of the PBGC or the Lenders with respect to any such Liens.

Amendment of Certain Documents. Co-Borrowers shall not, and shall not permit any Subsidiary to, make any material amendment or modification to, waiver of, or consent to departure from, the Partnership Agreement (including, without limitation, any amendment or modification of the definition of “available cash” in the Partnership Agreement), the Risk Management Policy, the Credit Policy, or any Material Contract in each case in a manner materially adverse to the interests of the Agent, the Issuing Banks, the Swing Line Bank or the Banks, without the prior written consent of the Majority Banks.