Changes to Lending Agreements and Refinancing Sample Clauses

The "Changes to Lending Agreements and Refinancing" clause outlines the conditions and procedures under which the terms of an existing loan agreement may be modified or replaced. Typically, this clause specifies who must consent to changes, the process for proposing amendments, and any limitations on refinancing, such as restrictions on increasing the loan amount or altering repayment schedules. Its core function is to provide a clear framework for adapting loan terms to changing circumstances, ensuring that all parties understand how modifications can be made and reducing the risk of disputes over unauthorized changes.
Changes to Lending Agreements and Refinancing. (a) Subject to the terms of the Lenders’ Direct Agreement, Project Co shall not terminate, amend or otherwise modify the Lending Agreements, or waive or exercise any of its rights under the Lending Agreements, if at the time such action is contemplated and effected, it would materially adversely affect Project Co’s ability to perform its obligations under this Project Agreement or the Project Documents or have the effect of increasing the liability of Contracting Authority whether actual or potential, unless such action is a Permitted Borrowing or a Refinancing effected in accordance with the provisions of Schedule 29 - Refinancing.
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Changes to Lending Agreements and Refinancing. (a) Subject to the terms of the Lenders’ Direct Agreement, Project Co shall not terminate, amend or otherwise modify the Lending Agreements, or waive or exercise any of its rights under the Lending Agreements, if, at the time such action is contemplated and effected, it would materially adversely affect Project Co’s ability to perform its obligations under this Project Agreement or the Project Documents or have the effect of increasing any liability of IO, whether actual or potential, unless: (i) such action is a Permitted Borrowing; or (ii) such action is a Refinancing, other than a Mandatory Refinancing, effected in accordance with the provisions of Schedule 28 - Refinancing.
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Changes to Lending Agreements and Refinancing. (a) Subject to the terms of the Lenders’ Direct Agreement, DB Co shall not terminate, amend or otherwise modify the Lending Agreements, or waive or exercise any of its rights under the Lending Agreements, if at the time such action is contemplated and effected, it would materially adversely affect DB Co’s ability to perform its obligations under this Project Agreement or the Project Documents or have the effect of increasing the liability of the City whether actual or potential, unless such action is a Permitted Borrowing or a Refinancing effected in accordance with the provisions of Schedule 28 – Refinancing.
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Changes to Lending Agreements and Refinancing. Project Co will be free, at any time, to enter into, terminate, amend, waive its rights and generally deal with its Lending Agreements on such terms and conditions as it sees fit provided that (at the time such action is contemplated and effected): (a) such action will not: (1) materially and adversely affect the ability of Project Co to perform its obligations under the Project Documents or the Leases; (2) with the exception of an Exempt Refinancing (excluding subsections(c) and (d) thereof), increase the amount of any borrowing in excess of the amount described as committed Senior Debt in Project Co's Escrow Document delivered pursuant to Section 1.1(l) of Schedule 1 ( as such amount may be adjusted for interest rate movements as contemplated therein); (b) if such action is, or is a part of, a Refinancing (other than an Exempt Refinancing), Project Co will: (1) promptly advise VCHA of its intention to effect such Refinancing with sufficient details to allow VCHA to assess the impact of such Refinancing and to calculate the amount of any Refinancing Gain; (2) act in good faith throughout so as not to deprive VCHA of VCHA's share of the Refinancing Gain; and (3) from and after the Refinancing Date, pay to VCHA quarterly an amount equal to: (A) [DELETION] of the total Refinancing Gain to the payment date; less (B) the total of amounts previously paid to VCHA hereunder on account of its share of such Refinancing Gain. Project Co will use all reasonable efforts to provide VCHA with a copy of the relevant agreement in settled draft form not less than 5 Business Days before it enters into any Lending Agreement (other than the Initial Lending Agreements). Provided that Project Co has complied with the foregoing, VCHA will enter into a new or replacement Lenders' Remedies Agreement, substantially in the form set out in Schedule 11, with the agent of the Lenders under such Lending Agreements.
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Changes to Lending Agreements and Refinancing. (a) Subject to the terms of the Lenders' Direct Agreement, Project Co shall not terminate, amend or otherwise modify the Lending Agreements, or waive or exercise any of its rights under the Lending Agreements, if, at the time such action is contemplated and effected, it would materially adversely affect Project Co's ability to perform its obligations under this Project Agreement or the Project Documents or NHS' ability to implement a financing contemplated in Schedule 38, or have the effect of increasing any liability of NHS, whether actual or potential, unless: (i) such action is a Permitted Borrowing; (ii) such action is a Refinancing effected in accordance with the provisions of Schedule 28 - Refinancing; or (iii) such action is a financing effected in accordance with the provisions of Schedule 38 - Financing of Construction Progress and Additional Substantial Completion Payments. (b) Project Co shall comply with Schedule 38 - Financing of Construction Progress and Additional Substantial Completion Payments. (c) Without limiting the generality of Sections 7.1, 7.3(a) or 7.4, Project Co agrees to comply with all requirements set out in the Lending Agreements regarding the establishment, maintenance and funding of the Project Accounts and, in particular, agrees to deposit to the Construction Delay Account, all amounts which Project Co is entitled or required to withhold from the Construction Contractor under, and in accordance with the terms of, the Construction Contract.
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Related to Changes to Lending Agreements and Refinancing

  • Loans, Acquisitions and Guaranties Loan, invest in or advance money or assets to any other person, enterprise or entity, (2) purchase, create or acquire any interest in any other enterprise or entity, or (3) incur any obligation as surety or guarantor other than in the ordinary course of business.

  • Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc (a) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its Indebtedness or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if such amendment, modification or change would (i) increase the interest rate on such Indebtedness; (ii) accelerate the dates upon which payments of principal or interest are due on, or increase the principal amount of, such Indebtedness; (iii) change in a manner materially adverse to the Borrower any event of default or add or make more restrictive any covenant with respect to such Indebtedness; (iv) change in a manner adverse to the Borrower, the prepayment, redemption or put provisions of such Indebtedness; (v) change the subordination provisions thereof (or the subordination terms of any guaranty thereof), if any; or (vi) change or amend any other term if such change or amendment would increase the obligations of the obligor or confer additional material rights on the holder of such Indebtedness in a manner adverse to the Borrower or the Lender, except in the case of this Section 7.7(a), if the incurrence of such Indebtedness, upon such amended terms, is not prohibited hereunder. (b) Except as permitted by Section 7.2, amend, modify or otherwise change its name, jurisdiction of formation or organizational identification number, in each case without providing the Lender not less than five (5) days prior written notice (or such shorter notice as the Lender may consent to in writing in its sole discretion). (c) Without not less than five (5) days prior written consent of the Lender, change any executive officer of the Borrower. (d) Amend, modify or otherwise change its Formation Documents or any agreement or arrangement entered into by it, with respect to any of its Equity Interests, or enter into any new agreement with respect to any of its Equity Interests, except any such amendments, modifications or changes or any such new agreements or arrangements pursuant to this Section 7.7(d) that, either individually or in the aggregate, are not adverse to the Lender and could not reasonably be expected to result in a Material Adverse Change.

  • Modifications, Amendments and Waivers This Agreement may not be modified or amended, or any provision thereof waived, except in a writing signed by all the parties to this Agreement.

  • Modifications to Loan Agreement 1 The Loan Agreement shall be amended by deleting the following text appearing as Section 7.9 (Subordinated Debt) thereof:

  • Amendments, Supplements and Waivers The Company and the Trustee may amend or supplement the Indenture or the Notes or waive compliance with any provision of the Indenture or the Notes in the manner, and subject to the terms, set forth in Section 7.05 and Article 8 of the Indenture.