Common use of Modifications, Amendments or Waivers Clause in Contracts

Modifications, Amendments or Waivers. With the written consent of the Required Banks, the Agent, acting on behalf of all the Banks, and PhyMatrix, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks and the Loan Parties; provided, that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or extend the Expiration Date; 11.1.2 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any Bank, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrixthe Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan Parties; provided, that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 1. Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment or the Term Loan Commitment of any Bank Lender hereunder or extend without the Expiration Dateconsent of such Lender; 11.1.2 2. Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any Bank, or otherwise affect Lender without the terms consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required Banks, the Agent, acting on behalf of all the Banks, and PhyMatrixthe Borrowers, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks and the Loan Parties; provided, provided that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase (a) Reduce the amount of the Revolving Credit Commitment of Fee or any other fees payable to any Bank hereunder hereunder, or extend the Expiration Dateamend Sections 5.2 [Pro Rata Treatment of Banks], 10.6 [Exculpatory Provisions], 10.13 [Equalization of Banks] or 11.19 [Limitation of Liability] hereof; 11.1.2 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. (b) Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee Loan or any other fee payable to any Bankfees, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or amount of any other fee payable to any Bankfees, or otherwise affect the terms of payment of the principal of or interest on any Loan or any fees or increase the amount of the commitments or extend the Revolving Credit Expiration Date; (c) Release any Guarantor from its obligations under the Guaranty Agreement; or (d) Amend this Section 11.1, change the definition of Required Banks or change any requirement providing for the Banks or the Required Banks to authorize the taking of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank;action hereunder.

Modifications, Amendments or Waivers. With the written consent of the Required Banks, the Agent, acting on behalf of all the Banks, Banks and PhyMatrix, on behalf of the Loan PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks or the Loan Parties Borrower hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties Borrower hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks and the Loan PartiesBorrower; provided, that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or extend the Expiration Date; 11.1.2 10.1.1 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are portion of the Term Loan is outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee Term Loan or any other fee payable to any Bank, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any BankTerm Loan, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee Term Loan or any other fee payable to any Bank;

Modifications, Amendments or Waivers. With the written consent of the Required Banks, the Administrative Agent, acting on behalf of all the Banks, and PhyMatrixthe Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks and the Loan Parties; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 10.1.1 Increase of Revolving Credit CommitmentCommitments; Extension or of Expiration Date; Modification of Terms of Payment. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or hereunder, extend the Expiration Date; 11.1.2 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether Date (whether or not any Revolving Credit Loans are outstanding), extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any BankBank which has a Revolving Credit Commitment, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or Loan, reduce the rate of the Commitment Fee or any other fee payable to any Bank, or otherwise affect the terms of payment of the principal of or interest of any Bank which has a Revolving Credit LoanCommitment, in each case without the Commitment Fee or any other fee payable to any Bankwritten consent of each Bank directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Agent, acting on behalf of all the BanksLenders, and PhyMatrixthe Borrower, acting on behalf of all the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such the written consent of the Required Lenders shall be effective to bind all the Banks Lenders and the Loan Parties; provided, that, without the written consent of all the BanksLenders, no such agreement, waiver or consent may be made which will: 11.1.1 : (a) Increase of Revolving Credit Commitment; Extension of Expiration Date or Expiration Term Loan Maturity Date. Increase the amount of the Revolving Credit any Commitment of any Bank Lender hereunder or extend the Expiration Date or Term Loan Maturity Date, as applicable; 11.1.2 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any Bank, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrixthe Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan Parties; provided, that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 10.1.1 Increase of Revolving Credit CommitmentCommitments; Extension or of Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank Lender hereunder or extend the Tranche A Expiration Date; 11.1.2 Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank, or reduce the principal amount of Date or the rate Tranche B Expiration Date without the prior written consent of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any Bank, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required BanksL▇▇▇▇▇▇, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrixthe Borrowers, on behalf of the Loan PartiesBorrowers, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties Borrowers hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan PartiesBorrowers; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 (i) Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank Lender hereunder or extend without the Expiration Dateconsent of such L▇▇▇▇▇; 11.1.2 (ii) Extension of Payment; Reduction of Principal Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan (excluding the due date of any mandatory prepayment of a Loan), the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan (other than as a result of waiving the applicability of any post-default increase in interest rates) or reduce the Commitment CommitmentFacility Fee or any other fee payable to any BankLender, or otherwise affect without the terms consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required Banks, the Administrative Agent, acting on behalf of all the Banks, and PhyMatrixthe Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks and the Loan Parties; providedPROVIDED, that, without the written consent of all the Banks, no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment10.1.1 INCREASE OF REVOLVING CREDIT COMMITMENT; Extension or Expiration DateEXTENSION OF EXPIRATION DATE. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or extend the Expiration Date; 11.1.2 Extension of Payment10.1.2 EXTENSION OF PAYMENT; Reduction of Principal Interest or FeesREDUCTION OF PRINCIPAL INTEREST OR FEES; Modification of Terms of PaymentMODIFICATION OF TERMS OF PAYMENT. Whether or not any Revolving Credit Loans are outstanding, extend the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Facility Fee or any other fee payable to any Bank, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Facility Fee or any other fee payable to any Bank, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Facility Fee or any other fee payable to any Bank;

Modifications, Amendments or Waivers. With the written consent of the Required Banks▇▇▇▇▇▇▇, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrix, on behalf of the Loan PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties Borrower hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan PartiesBorrower; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 : (a) Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank Lender hereunder or extend without the Expiration Date; 11.1.2 consent of such Lender; (b) Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, subject to Section 2.12, extend the Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan (other than as a result of waiving the applicability of any post- default increase in interest rates) or reduce the Commitment Fee or any other fee payable to any BankLender, without the consent of each Lender directly affected thereby; or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank;(

Modifications, Amendments or Waivers. With the written consent of the Required Banks▇▇▇▇▇▇▇, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrix, on behalf of the Loan PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties Borrower hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan PartiesBorrower; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 (a) Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank Lender hereunder or extend without the Expiration Dateconsent of such ▇▇▇▇▇▇; 11.1.2 (b) Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, subject to Section 2.12, extend any Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan (other than as a result of waiving the applicability of any post-default increase in interest rates) or reduce the Commitment Fee or any other fee payable to any BankLender, or otherwise affect without the terms consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrixthe Borrower, on behalf of the Loan Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan Parties; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 (a) Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment or Term Loan Commitment of any Bank Lender hereunder or extend without the Expiration Dateconsent of such Lender; 11.1.2 (b) Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan (excluding the due date of any mandatory prepayment of a Loan), the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan (other than as a result of waiving the applicability of any post-default increase in interest rates) or reduce the Commitment Fee or any other fee payable to any BankLender, or otherwise affect without the terms consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrix, on behalf of the Loan Parties, Borrower and Guarantor may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties hereunder Borrower or thereunderGuarantor, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders, Borrower and the Loan PartiesGuarantor; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 (i) Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of any Lender’s Warehousing Commitment Amount without the Revolving Credit Commitment written consent of any Bank hereunder or extend the Expiration Datesuch Lender; 11.1.2 (ii) Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans Warehousing Advances are outstanding, extend the Warehousing Maturity Date or the time for payment of principal or interest of any Revolving Credit Loan (excluding the due date of any mandatory prepayment of a Loan), the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any BankLender, or otherwise affect without the terms written consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bankeach Lender directly affected thereby;

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on its own behalf and on behalf of all the BanksLenders, and PhyMatrix, on behalf of the Loan Borrower Affiliate Parties, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Borrower Affiliate Parties hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Borrower Affiliate Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan Borrower Affiliate Parties; provided, that, without the written consent of all the BanksLenders, no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. Increase the amount of the Revolving Credit Commitment of any Bank hereunder or extend the Expiration Date; 11.1.2 10.1.1 Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend Extend the time for payment of principal or interest of any Revolving Credit the Loan, the Commitment Bridge Loan Funding Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit the Loan or reduce the Commitment Bridge Loan Funding Fee or any other fee payable to any BankLender, or otherwise affect the terms of payment of the principal of or interest of any Revolving Credit the Loan, the Commitment Bridge Loan Funding Fee or any other fee payable to any BankLender (it being understood that a waiver of the application of the Penalty Rate of interest pursuant to Section 3.2 [Interest After Default] shall require only the approval of the Required Lenders);

Modifications, Amendments or Waivers. With the written consent of the Required BanksLenders, the Administrative Agent, acting on behalf of all the BanksLenders, and PhyMatrix, on behalf of the Loan PartiesBorrower, may from time to time enter into written agreements amending or changing any provision of this Agreement or any other Loan Document or the rights of the Banks Lenders or the Loan Parties Borrower hereunder or thereunder, or may grant written waivers or consents to a departure from the due performance of the Obligations of the Loan Parties hereunder or thereunder. Any such agreement, waiver or consent made with such written consent shall be effective to bind all the Banks Lenders and the Loan PartiesBorrower; provided, that, without the written consent of all the Banks, that no such agreement, waiver or consent may be made which will: 11.1.1 Increase of Revolving Credit Commitment; Extension or Expiration Date. : Increase the amount of the Revolving Credit Commitment of any Bank Lender hereunder or extend without the Expiration Date; 11.1.2 consent of such Lender; Extension of Payment; Reduction of Principal Principal, Interest or Fees; Modification of Terms of Payment. Whether or not any Revolving Credit Loans are outstanding, extend the Expiration Date or the time for payment of principal or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any BankLender, or reduce the principal amount of or the rate of interest borne by any Revolving Credit Loan or reduce the Commitment Fee or any other fee payable to any BankLender, or otherwise affect without the terms consent of payment of the principal of or interest of any Revolving Credit Loan, the Commitment Fee or any other fee payable to any Bank;each Lender directly affected thereby; or