Amendments to Financing Documents Clause Samples
The "Amendments to Financing Documents" clause defines the process and requirements for making changes to the terms of existing financing agreements. Typically, this clause outlines who must consent to amendments, such as requiring approval from a majority of lenders or all parties involved, and may specify procedures for proposing and documenting such changes. Its core function is to ensure that any modifications to the financing documents are made transparently and with appropriate authorization, thereby preventing unauthorized or unilateral changes and maintaining the integrity of the original agreement.
Amendments to Financing Documents. (a) Terms of the Secured Obligations and the Financing Documents may be amended, modified, supplemented or extended from time to time, and the aggregate amount of the Secured Obligations may be increased or Refinanced, in each event, without notice to or consent by any Secured Party that is not a party to such Financing Document and without affecting the provisions hereof, and the Lien priorities provided herein shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, increase or Refinancing of the Secured Obligations, or any portion thereof; provided, however, that (1) the holders of any such Indebtedness that has been Refinanced under the Loan Documents (or any agent or trustee therefor) execute and deliver an Accession Agreement to the Collateral Agent in accordance with Section 5.3, and (2) any amendments to any Secured Commodity Hedge and Power Sales Agreements shall be subject to Section 5.2(c).
(b) Notwithstanding anything herein to the contrary, during the continuance of any Event of Default, to the extent permitted by the applicable Financing Documents, any Secured Party shall be entitled in its reasonable discretion to make payments or advances to the Collateral Agent, any Loan Party or any third party for the purpose of protecting, preserving or defending the value of the Collateral.
(c) Notwithstanding anything to the contrary in the Financing Documents but subject to Sections 13.1 of the Credit Agreement and Section 5.2(e) below, if the Lenders whose consent is required under Section 13.1 of the Credit Agreement consent to any amendment, modification, termination or waiver of any provision of the Loan Documents, or consent to any departure by any Loan Party therefrom, then such amendment, modification, termination, waiver or consent shall apply automatically to the comparable (if any) provision in any other Financing Document (other than any Secured Commodity Hedge and Power Sales Agreement or any Financing Document (other than a Security Document) governing Additional Obligations unless such document otherwise provides) without the consent of any other Secured Party; provided that (A) with respect to any Secured Commodity Hedge and Power Sales Agreement, any such amendment, modification, termination or waiver shall apply automatically to any Commodity Hedge Covenant under such Secured Commodity Hedge and Power Sales Agreement (except to the extent that such Secured Commodity Hedge and Power Sales ...
Amendments to Financing Documents. Unless the Bank shall otherwise consent in writing (which consent may be granted or refused in the Bank’s reasonable discretion), the Company agrees not to enter into or consent to or effectuate any amendment to or assignment of any of the Financing Documents.
Amendments to Financing Documents. (a) Subject to, in the case of the Term Loan Documents, the First Lien/Second Lien Intercreditor Agreement and any other intercreditor agreement among the Term Loan Claimholders, Financing Documents may be amended, restated, amended and restated, supplemented or otherwise modified in accordance with their terms, and the Financing Documents and any Obligations thereunder may be Refinanced, in each case, without notice to, or the consent of any Collateral Agent or any other Claimholder, all without affecting the Lien subordination or other provisions of this Agreement; provided that the holders of such Refinancing debt bind themselves in a writing addressed to the Collateral Agents and the other Claimholders to the terms of this Agreement or another intercreditor agreement that is reasonably satisfactory to the Collateral Agents, and any such amendment, restatement, amendment and restatement, supplement, modification or Refinancing shall not contravene the provisions of this Agreement or any other Financing Document.
(b) [Reserved.]
(c) In the event that any Senior Collateral Agent enters into any amendment, restatement, amendment and restatement, supplement or other modification in respect of or replaces any of the Senior Collateral Documents for purposes of adding to, or deleting from, or waiving or consenting to any departures from any provisions of any Senior Collateral Document or changing in any manner the rights of the applicable Senior Collateral Agent, the Senior Claimholders, or any Obligor thereunder, in each case in respect of the Collateral in which a Senior Claimholder has a Senior Lien (including the release of any Liens on such Collateral securing the Senior Obligations), then such amendment, restatement, amendment and restatement, supplement or other modification in a manner that is applicable to all Senior Claimholders and all Senior Obligations shall apply automatically to any comparable provisions of each Comparable Junior Collateral Document without the consent of any Junior Collateral Agent, Junior Claimholder or any Obligor; provided, however that (1) such amendment, restatement, amendment and restatement, supplement or other modification does not (A) remove assets subject to any Liens on the Collateral securing any of the Junior Obligations or release any such Liens, except to the extent such release is permitted or required by Section 5.1 and provided there is a concurrent release of the corresponding Liens securing the Senior Obliga...
Amendments to Financing Documents. Without limiting any other term of this Agreement, each Guarantor acknowledges and agrees with the Secured Parties that the Secured Parties may, at any time and from time to time, without notice to or consent of the Guarantors, but with consent of the Borrower to the extent required by the terms of this Agreement, amend, restate, modify, supplement, waive defaults or events of default, release collateral or any Guarantor in whole or in part or take or forbear from taking any other action whatsoever with respect to any Financing Document, and any such action or inaction shall not impair as in any manner affect the validity or enforceability of the Subsidiary Guaranty.
Amendments to Financing Documents. For the avoidance of doubt the Parties agree that no amendment made to the Financing Documents without express consent of NGS/SMC shall have the effect of enlarging in any manner, the obligation of NGS in respect of Termination Payment under this Agreement.
Amendments to Financing Documents. (a) Terms of the Secured Obligations and the Financing Documents may be amended, modified, supplemented or extended from time to time, and the aggregate amount of the Secured Obligations may be increased or Refinanced, in each event, without notice to or consent by any Secured Party that is not a party to such Financing Document and without affecting the provisions hereof, and the Lien priorities provided herein shall not be altered or otherwise affected by any such amendment, modification, supplement, extension, increase or Refinancing of the Secured Obligations, or any portion thereof; provided, however, that (1) the holders of any such Indebtedness that has been Refinanced under the Loan Documents (or any agent or trustee therefor) execute and deliver an Accession Agreement to the Collateral Agent in accordance with Section 5.3, and (2) any amendments to any Secured Commodity Hedge and Power Sales Agreements shall be subject to Section 5.2(c).
Amendments to Financing Documents. Amend, modify, terminate or grant, or permit the amendment, modification of, termination of or grant of any waiver under, or consent to, or knowingly permit or suffer to occur any action or omission which results in, or is equivalent to, an amendment, termination of, modification of, or grant of a waiver under the Financing Documents that could have a material adverse effect on (A) the ability of the District to perform its obligations under the Financing Documents or (B) the rights, interests, security or remedies of the Bank, without the prior written consent of the Bank as required under Section 21 hereof (which such consent shall not be unreasonably withheld).
Amendments to Financing Documents. For the avoidance of doubt the Parties agree that no amendment made to the Financing Documents without express consent of DTIDCL shall have the effect of enlarging in any manner, the obligation of DTIDCL under this Agreement.
Amendments to Financing Documents. For the avoidance of doubt the Parties agree that no amendment made to the Financing Documents without express consent of MMC shall have the effect of enlarging in any manner, the obligation of MMC under this Agreement.
Amendments to Financing Documents. The Loan Agreement is hereby amended by deleting the first and second sentences of Section 4.15 and inserting the following in lieu thereof: "Maintain their primary operating and depository accounts at the Bank. In addition, the Borrower shall maintain a segregated cash collateral account at the Bank equal to the greater of (i) $3,000,000 or (ii) the aggregate principal amounts of all Loans outstanding under the Revolving Credit Facility (including any issued and outstanding letters of credit, working capital advances, and negative foreign exchange positions) as security for the Borrower's obligations hereunder and under the other Financing Documents (the "Cash Collateral Account"). The Borrower hereby pledges to the Bank and grants a security interest to the Bank in the Cash Collateral Account, and Borrower agrees and confirms that the Bank shall have complete and unconditional control over the Cash Collateral Account.