Common use of Optional Payments and Modifications of Certain Debt Instruments Clause in Contracts

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Subordinated Notes or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(d)) Second Lien Debt; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Subordinated Notes (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock (other than any such amendment, modification, waiver or other change that (x) would extend the scheduled redemption date or reduce the amount of any scheduled redemption

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Subordinated Notes Indebtedness referred to in Section 7.2(l), (m) or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(dn)) Second Lien Debt; , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Subordinated Notes Indebtedness referred to in Section 7.2(l), (m), (n) or (o) (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); , (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the ▇▇▇▇▇▇▇ Preferred Stock Equity (other than any such amendment, modification, waiver or other change that (x) (i) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee) or (y) would be required in connection with effecting any merger or consolidation contemplated by Section 7.4(b)).

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Subordinated Notes Indebtedness referred to in Section 7.2(l), (m), (n) or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(do)) Second Lien Debt; , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Subordinated Notes Indebtedness referred to in Section 7.2(l), (m), (n) or (o) (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); , (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the ▇▇▇▇▇▇▇ Preferred Stock Equity (other than any such amendment, modification, waiver or other change that (xi) (A) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (B) does not involve the payment of a consent fee or (ii) would be required in connection with effecting any merger or consolidation contemplated by Section 7.4(b)).

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior the Convertible Senior Subordinated Notes or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(d)) Second Lien DebtDebentures; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior the Convertible Senior Subordinated Notes Debentures (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee)) that has not been approved by the Administrative Agent; (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock preferred stock (other than any such amendment, modification, waiver or other change that (xi) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee); or (d) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of the Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior Subordinated Notes Indebtedness referred to in Section 7.2(1), (m) or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(dn)) Second Lien Debt; , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Subordinated Notes Indebtedness referred to in Section 7.2(1), (m), (n) or (o) (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the the, payment of a consent fee); , (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the ▇▇▇▇▇▇▇ Preferred Stock Equity (other than any such amendment, modification, waiver or other change that (x) (i) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee) or would be required in connection with effecting any merger or consolidation contemplated by Section 7.4(b)).

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior the Convertible Senior Subordinated Notes or (except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with Section 2.9(d)) Second Lien DebtDebentures; (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior the Convertible Senior Subordinated Notes Debentures (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee)) that has not been approved by the Administrative Agent; (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Preferred Stock preferred stock (other than any such amendment, modification, waiver or other change that (xi) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee); or (d) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any other defined term having a similar purpose) for the purposes of the Indenture.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Junior the Senior Subordinated Notes or (Notes, except in the case of voluntary prepayments with amounts not accepted for prepayment by any Term Lender in accordance with as permitted under Section 2.9(d7.2(f)) Second Lien Debt; , (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior the Senior Subordinated Notes Notes, the Senior Subordinated Note Indenture (other than any such amendment, modification, waiver or other change that (i) would extend the maturity 72 79 or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon or waive any default or make any covenant less restrictive and (ii) does not involve the payment of a consent fee); , (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any the Preferred Stock (other than any such amendment, modification, waiver or other change that (xi) would extend the scheduled redemption date or reduce the amount of any scheduled redemptionredemption payment or reduce the rate or extend any date for payment of dividends thereon and (ii) does not involve the payment of a consent fee) or (d) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" for the purposes of the Senior Subordinated Note Indenture.