Prepayments of Indebtedness, etc. The Borrower will not, nor will it permit any of its Subsidiaries to, (i) after the issuance thereof, amend or modify (or permit the amendment or modification of) any of the terms of any other Indebtedness (including without limitation any Subordinated Indebtedness) if such amendment or modification would add or change any terms in a manner materially adverse to the issuer of such Indebtedness, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (ii) (A) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, acquisition for value or defeasance of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any other Funded Indebtedness (including without limitation any Subordinated Indebtedness) or (B) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) where such change would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Personnel Group of America Inc), Credit Agreement (Personnel Group of America Inc)
Prepayments of Indebtedness, etc. The Borrower ▇▇▇▇ will not, nor will it permit any of its Subsidiaries to, (i) after the issuance if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, amend or modify (or permit the amendment or modification of) any of the terms of any other Indebtedness (including without limitation any Subordinated Indebtedness) if such amendment or modification would add or change any terms in a manner materially adverse to the issuer of such Indebtedness, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (ii) (A) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, prepayment or redemption or acquisition for value or defeasance of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any other Funded Indebtedness (including without limitation any other than Subordinated Indebtedness) or (Bii) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Indebtedness subordinated to the obligations of the Borrowers or the Guarantors under the Credit Agreement or (iii) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) where such change would have a Material Adverse Effect.
Appears in 2 contracts
Sources: Credit Agreement (Hunt Corp), Credit Agreement (Hunt Corp)
Prepayments of Indebtedness, etc. The Borrower will not, nor will it permit any of its Subsidiaries to, (i) after the issuance if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, amend or modify (or permit the amendment or modification of) any of the terms of any other Indebtedness (including without limitation any Subordinated Indebtedness) if such amendment or modification would add or change any terms in a manner materially adverse to the issuer of such Indebtedness, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (ii) (A) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, prepayment or redemption or acquisition for value or defeasance of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any other Funded Indebtedness (including without limitation any other than Subordinated Indebtedness) or (Bii) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment or redemption or acquisition for value of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any Indebtedness subordinated to the obligations of the Borrower or the Guarantors hereunder or (iii) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) where such change would have a Material Adverse Effect.
Appears in 1 contract
Prepayments of Indebtedness, etc. The Borrower will not, nor will it permit any of its Subsidiaries to, (i) if any Default or Event of Default has occurred and is continuing or would be directly or indirectly caused as a result thereof, (A) after the issuance thereof, amend or modify (or permit the amendment or modification of) any of the terms of any other Indebtedness (including without limitation any Subordinated Indebtedness) if such amendment or modification would add or change any terms in a manner materially adverse to the issuer of such Indebtedness, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, thereof or (ii) (AB) make (or give any notice with respect thereto) any voluntary or optional payment or prepayment, redemption, prepayment or redemption or acquisition for value or defeasance of (including without limitation, by way of depositing money or securities with the trustee with respect thereto before due for the purpose of paying when due), refund, refinance or exchange of any other Funded Indebtedness (including without limitation any Subordinated Indebtedness) or (Bii) amend, modify or change its articles of incorporation (or corporate charter or other similar organizational document) or bylaws (or other similar document) where such change would have a Material Adverse Effect.
Appears in 1 contract
Sources: Credit Agreement (Airgas Inc)