Modifications Requiring Consent Clause Samples
The "Modifications Requiring Consent" clause establishes that certain changes to the agreement or its terms cannot be made unilaterally and instead require the explicit approval of all relevant parties. In practice, this means that amendments, alterations, or updates to the contract—such as changes to payment terms, deliverables, or timelines—must be agreed upon in writing by everyone involved before they become effective. This clause ensures that no party can impose changes without the others' knowledge or agreement, thereby protecting the interests of all parties and maintaining the integrity of the original agreement.
Modifications Requiring Consent. Notwithstanding the preceding section 2.1, and except as otherwise permitted as DIP Financing provided by a First Lien Claimholder and deemed consented to by the Second Lien Agent pursuant to section 6.1, “
Modifications Requiring Consent. Notwithstanding Section 3.1 and except as otherwise permitted as DIP Financing provided by the First Lien Lenders and deemed consented to by the Second Lien Lenders pursuant to Section 7.1, the consent of Second Lien Agent shall be required for any modification to or Refinancing of the First Lien Obligations, and the consent of First Lien Agent shall be required for any modification to or Refinancing of the Second Lien Obligations, that:
(a) increases the aggregate principal amount of loans, letters of credit, bankers acceptances, bonds, debentures, notes, or similar instruments or other similar extensions of credit (but excluding obligations under Secured Hedge Agreements or Secured Cash Management Agreements) or commitments therefor beyond the First Lien Cap or Second Lien Cap, as applicable:
(b) increases the interest rate or yield, including by increasing the "applicable margin" or similar component of the interest rate or by modifying the method of computing interest, or a letter of credit, commitment, facility, utilization, or similar fee so that the combined interest rate and fees are increased by more than 2.00% per annum in the aggregate, but excluding increases resulting from:
(1) increases in an underlying reference rate not caused by a modification or Refinancing of such Obligations,
(2) accrual of interest at the "default rate" defined in the First Lien Loan Documents or Second Lien Loan Documents, as applicable, in each case, at the date hereof or, for a Refinancing, a rate that corresponds to the default rate, or
(3) application of a pricing grid set forth in the First Lien Loan Documents or Second Lien Loan Documents, as applicable, in each case, as such pricing grids are in effect on the date hereof;
(c) for the First Lien Obligations, extends a scheduled amortization payment or the scheduled final maturity date of the First Lien Credit Agreement or a Refinancing beyond the scheduled final maturity date of the Second Lien Credit Agreement or Refinancing;
(d) for the First Lien Obligations, modifies a covenant, default or event of default that directly restricts one or more Grantors from making payments under the Second Lien Loan Documents that would otherwise be permitted under the First Lien Loan Documents as in effect on the date hereof;
(e) for the Second Lien Obligations, modifies covenants, defaults, or events of default to make them materially more restrictive as to any Grantor, except for modifications to match changes made to the F...
Modifications Requiring Consent. (1) The Presenter of Capital Investment shall have to obtain the KfW’s prior consent via the Bank, if he wishes to reduce or terminate participation before the time of repayment fixed in the promise of credit.
(2) Claims from this loan agreement shall not be assigned or mortgaged but on the KfW’s consent. The same applies to any claims from the participation agreement; the Presenter of Capital Investment shall reach mutual agreement with the Receiver of Capital Investment to this respect.
Modifications Requiring Consent. Sprint may request the consent of Clearwire to a material modification of any Product or Service by sending Clearwire written notice of the proposed change for the Product or Service at least 60 days before the change is to take effect. Clearwire will use commercially reasonable efforts to provide any objections to the requested modification within 60 days of receipt of the notice. Except as otherwise provided for in this Agreement, Clearwire is not obligated to agree to accept the change request, in which case the change will not be implemented by Sprint with respect to the Products and Services to be delivered under this Agreement.
Modifications Requiring Consent. (a) Notwithstanding Section 2.1, the majority of Second Lien Noteholders (determined based on the then unpaid principal amount of Second Lien Obligations constituting Indebtedness (as defined in the Second Lien Notes Indenture, as the Second Lien Notes Indenture exists on the date of this Agreement)) must consent to any modification to the First Lien Nexstar Obligations or the First Lien Mission Obligations that increases the aggregate outstanding principal amount of First Lien Nexstar Obligations and First Lien Mission Obligations constituting Indebtedness (as defined in the First Lien Nexstar Credit Agreement and the First Lien Mission Credit Agreement) by an amount that would, after giving effect to such incurrence, result in a default under Section 4.09 of the Second Lien Notes Indenture (as the Second Lien Notes Indenture exists on the date of this Agreement).
(b) Notwithstanding Section 2.1, First Lien Nexstar Agent and First Lien Mission Agent must consent to any modification to or Refinancing of the Second Lien Obligations, that:
(i) increases the aggregate principal amount of bonds, debentures, notes or similar instruments or other similar extensions of credit and, any increase resulting from payment of interest in kind permitted under the Second Lien Documents or commitments therefor to an amount greater than $500,000,000;
(ii) increases
Modifications Requiring Consent. Sprint may request the consent of Newco to a material modification of any Product or Service by sending Newco written notice of the proposed change for the Product or Service at least 60 days before the change is to take effect. Newco will use commercially reasonable efforts to provide any objections to the requested modification within 60 days of receipt of the notice. Except as otherwise provided for in this Agreement, Newco is not obligated to agree to accept the change request, in which case the change will not be implemented by Sprint with respect to the Products and Services to be delivered under this Agreement.
Modifications Requiring Consent. Notwithstanding Section 2.1, the majority of Second Lien Noteholders (determined based on the then unpaid principal amount of Second Lien Obligations constituting Indebtedness (as defined in the Second Lien Notes Indenture, as the Second Lien Notes Indenture exists on the date of this Agreement)) must consent to any modification to the First Lien Nexstar Obligations or the First Lien Mission Obligations that increases the aggregate outstanding principal amount of First Lien Nexstar Obligations and First Lien Mission Obligations constituting Indebtedness (as defined in the First Lien Nexstar Credit Agreement and the First Lien Mission Credit Agreement) by an amount that would, after giving effect to such incurrence, result in a default under Section 4.09 of the Second Lien Notes Indenture (as the Second Lien Notes Indenture exists on the date of this Agreement).