Common use of Limitations on Debt Payments and Amendments Clause in Contracts

Limitations on Debt Payments and Amendments. (a) Holdings and the Borrower will not prepay, repurchase or redeem or otherwise defease any Permitted Subordinated Notes, any Permitted Additional Subordinated Notes or any Permitted Senior Notes; provided, however, that so long as no Default or Event of Default has occurred and is continuing, the Borrower may prepay, repurchase or redeem Permitted Subordinated Notes, any Permitted Additional Subordinated Notes or any Permitted Senior Notes (x) for an aggregate price not in excess of the Available Amount at the time of such prepayment, repurchase or redemption, or (y)(A) in the case of Subordinated Notes, with the proceeds of a substantially contemporaneous issuance of Permitted Additional Subordinated Notes and (B) in the case of Permitted Additional Notes, with the proceeds of a substantially contemporaneous issuance of Permitted Additional Notes that is permitted by Section 10.1(A). (b) The Borrower will not waive, amend, modify, terminate or release the Subordinated Note Indenture, any Permitted Additional Subordinated Notes Indenture or any Permitted Senior Notes Indenture to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect.

Limitations on Debt Payments and Amendments. (a) Holdings and the The Borrower will not, and will not permit any Restricted Subsidiary to, prepay, repurchase or redeem or otherwise defease any Permitted Subordinated Notes, any Permitted Additional Subordinated Notes or any Permitted Senior NotesIndebtedness; provided, however, that so long as no Default or Event of Default has shall have occurred and is continuingbe continuing at the date of such prepayment, repurchase, redemption or other defeasance or would result after giving effect thereof, the Borrower or any Restricted Subsidiary may prepay, repurchase or redeem Permitted Subordinated Notes, any Permitted Additional Subordinated Notes or any Permitted Senior Notes Indebtedness (xi) for an aggregate price not in excess of (x) $50,000,000 (less any amount expended pursuant to Section 10.6(c)(i)) plus (y) the Available Applicable Amount at the time of such prepayment, repurchase or redemption, or (y)(Aii) in the case of Subordinated Notes, with the proceeds of a substantially contemporaneous issuance of Permitted Additional Subordinated Notes Indebtedness that (A) is permitted by Section 10.1 (other than Section 10.1(o)) and (B) in has terms material to the case interests of Permitted Additional Notes, with the proceeds Lenders not materially less advantageous to the Lenders than those of a substantially contemporaneous issuance of Permitted Additional Notes that is permitted by Section 10.1(A)such Subordinated Indebtedness being refinanced. (b) The Borrower will not waive, amend, modify, terminate or release the any Subordinated Note Indenture, any Permitted Additional Subordinated Notes Indenture or any Permitted Senior Notes Indenture Indebtedness to the extent that any such waiver, amendment, modification, termination or release would be adverse to the Lenders in any material respect.