Common use of All Lenders Clause in Contracts

All Lenders. Any amendment to or consent or waiver under this agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations beyond the date specified in the Loan Documents; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGIN," "APPLICABLE PERCENTAGE," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATE"; (iv) increases any one or more Lenders' Commitment; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateral; or (vi) changes this CLAUSE (b) or any other matter specifically requiring the consent of all Lenders under this agreement.

Appears in 1 contract

Samples: Credit Agreement (Pillowtex Corp)

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All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to (x) increase the amount or amend the definition of Permitted Redemptions must be by an instrument in writing executed by Borrower and the Majority Lenders, and (y) accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Administrative Agent or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGIN“Adjusted Property EBITDA," "APPLICABLE PERCENTAGE” “Approved Costs," "COMMITMENT” “EBITDA Adjustments," "COMMITMENT PERCENTAGE” “EBITDA Value," "DETERMINING LENDERS” “Majority Lenders," "PRO RATA PART” “Occupancy Rate," and ” “Required Lenders,” “Pro Rata Share,” or “Unencumbered Property;” (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment’ Term Loan; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateral; or (vi) changes this CLAUSE (b) or any other matter specifically requiring the consent of all Lenders under this agreement.PPT Amended and Restated Credit Agreement 58

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends extends the Scheduled Maturity Date or the Extended Maturity Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINTerm Loan," "APPLICABLE PERCENTAGETerm Loans," "COMMITMENTRequired Lenders," or "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATEPro Rata Share"; (ivv) increases any one or more Lenders' CommitmentLoans; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateralany Collateral except as set forth in Section 8.3; (vii) permits any Obligor to assign any of its Rights or obligations hereunder or under any of the Loan Documents; (viii) waives or amends any of the conditions precedent to the extension of the Scheduled Maturity Date to the Extended Maturity Date set forth in Section 3.18(c); or (viix) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of Credit Agreement 39 all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders the Credit Parties under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGIN“Adjusted N01," "APPLICABLE PERCENTAGE” “Approved Costs," "COMMITMENT” “Capitalization Rate," "COMMITMENT PERCENTAGE” “Change in Control," "DETERMINING LENDERS” “Commitment," "PRO RATA PART”. Eligible Assignee," and ” “Implied Value,” “Pro Rata,” “Pro Rata Share,” “Qualified Property,” “Required Lenders,” “Total Commitment,” or “Total Indebtedness to Implied Value Ratio;” or (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT (or waives the requirement of) any guaranty, if any, or any collateral, if any, except as expressly provided by in Sections 4.2(g) and 4.6; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends Section 4:, (ix) changes the Loan Documents percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for when a Company merges into another Person Lenders or dissolves when specifically permitted in the Loan Documents -- any Guaranty of them to take any action under this Section or Collateralany other provision of this Agreement; or (vix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under wider this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Administrative Agent or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of “Adjusted Property EBITDA,” “Approved Costs,” EBITDA Adjustments,” “EBITDA Value,” “Occupancy Rate,” "APPLICABLE MARGINRequired Lenders," "APPLICABLE PERCENTAGE” “Pro Rata Share," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATE"” or “Unencumbered Properties; (ivv) increases any one or more Lenders' Commitment’ Term Loan; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by any Obligor; (vii) permits any Obligor to assign any of its rights under the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or CollateralDocuments; (viii) amends Section 4.1; or (viix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any amendment to or consent or waiver under this agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGINCommitment," "APPLICABLE PERCENTAGECommitment Percentage," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PARTDetermining Lenders," and (except as provided in SECTION 2.7) "TERMINATION DATEPro Rata Part" or the definition of "; Borrowing Base" (iv) increases any one or more Lenders' Lender's Commitment; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT -except as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateral; or (vi) changes the requirement that any increase of the Borrowing Base be approved and consented to by all of the Lenders; or (vii) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreement.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

All Lenders. Any Except as specifically otherwise provided in this SECTION 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders the Credit Parties under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINAdjusted NOI," "APPLICABLE PERCENTAGEApproved Costs," "COMMITMENTCapitalization Rate," "COMMITMENT PERCENTAGEChange in Control," "DETERMINING LENDERSCommitment," "PRO RATA PARTEligible Assignee," and "Implied Value," "Pro Rata," "Pro Rata Share," "Required Lenders," "Qualified Property," "Total Commitment," or "Total Indebtedness to Implied Value Ratio;" or (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by (or waives the Loan Documents requirement of) any guaranty, if any, or any collateral, if any; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends SECTION 4; (ix) change the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for when a Company merges into another Person Lenders or dissolves when specifically permitted in the Loan Documents -- any Guaranty of them to take any action under this SECTION or Collateralany other provision of this Agreement; or (vix) changes this CLAUSE (bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

All Lenders. Any Except as specifically otherwise provided in this Section 14.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by each Borrower and Agent and executed (or approved, as the case may be) by Administrative Agent and each Lender (other than any Defaulting Lender: ): (i) Extends extends the Termination Date (except as set forth in Section 3.20); (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders any Credit Party under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINCommitment," "APPLICABLE PERCENTAGEPro Rata," "COMMITMENTPro Rata Part," "COMMITMENT PERCENTAGERequired Lenders," or "DETERMINING LENDERS,Total Commitment;" "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATE"; (iv) increases any one or more Lenders' Commitment; (v) waives the requirement of, compliance with, amends, or fully or partially releases -- EXCEPT any guaranty (including the Parent Guaranty) or any substantial part of any collateral, if any (except as expressly provided permitted by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in terms of the Loan Documents -- Documents); (vi) permits any Guaranty or CollateralBorrower to assign any of its rights hereunder; or (vivii) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

All Lenders. Any amendment to or supplement to, or waiver or consent or waiver under this agreement or under, any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by the Borrower and Agent and executed (or approvedapproved in writing, as the case may be) by each Lenderall the Lenders: (i) Extends extends the due date or for, decreases the amount or rate of calculation of or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligations beyond or any fees payable ratably to the date specified Lenders under the Credit Documents, except, in the Loan Documentseach case, any adjustments or reductions that are contemplated by any Credit Document; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGIN,Commitment", "Commitment Percentage", "Default Percentage" or "APPLICABLE PERCENTAGE," Required Lenders"COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and , (except as provided in SECTION 2.7iii) "TERMINATION DATE"increases any part of any Lender's Commitment; (iv) increases fully or partially releases or amends any one Guaranty or more Lenders' Commitmentcash collateral delivered pursuant to Section 12.1(c), except, in each case, as expressly provided by any Credit Document or as a result of a merger, consolidation or dissolution expressly permitted in the Credit Documents; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided consents to any assignment by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or CollateralBorrower under Section 14.10(a); or (vi) changes this CLAUSE clause (ba) or any other matter specifically requiring the consent of all the Lenders under this agreementany Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

All Lenders. Any amendment to or supplement to, or waiver or consent or waiver under this agreement or under, any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by the Borrower and Agent and executed (or approvedapproved in writing, as the case may be) by each Lenderall the Lenders: (i) Extends extends the due date or for, decreases the amount or rate of calculation of or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligations beyond or any fees payable ratably to the date specified Lenders under the Credit Documents, except, in the Loan Documentseach case, any adjustments or reductions that are contemplated by any Credit Document; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGIN,Commitment", "Commitment Percentage", "Default Percentage" or "APPLICABLE PERCENTAGE," Required Lenders"COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and , (except as provided in SECTION 2.7iii) "TERMINATION DATE"increases any part of any Lender's Commitment; (iv) increases fully or partially releases or amends any one Guaranty, except, in each case, as expressly provided by any Credit Document or more Lenders' Commitmentas a result of a merger, consolidation or dissolution expressly permitted in the Credit Documents; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided consents to any assignment by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or CollateralBorrower under Section 14.10(a); or (vi) changes this CLAUSE clause (ba) or any other matter specifically requiring the consent of all the Lenders under this agreementany Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

All Lenders. Any Except as specifically otherwise provided in this SECTION 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINAdjusted Property EBITDA," "APPLICABLE PERCENTAGEApproved Costs," "COMMITMENTCommitment," "COMMITMENT PERCENTAGEEBITDA Adjustments," "DETERMINING LENDERSEBITDA Value," "PRO RATA PARTMajority Lenders," and "Occupancy Rate," "Required Lenders," "Pro Rata Share," "Total Commitment," or "Unencumbered Property;" (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- PPT Guaranty; (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; (viii) amends SECTION 4.1; or (viix) changes this CLAUSE (bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this SECTION 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends extends the Scheduled Maturity Date or the Extended Maturity Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINTERM LOAN," "APPLICABLE PERCENTAGETERM LOANS," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING REQUIRED LENDERS," or "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATESHARE"; (ivv) increases any one or more Lenders' CommitmentLoans; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateralany Collateral except as set forth in SECTION 8.3; (vii) permits any Obligor to assign any of its Rights or obligations hereunder or under any of the Loan Documents; (viii) waives or amends any of the conditions precedent to the extension of the Scheduled Maturity Date to the Extended Maturity Date set forth in SECTION 3.18(c); or (viix) changes this CLAUSE (b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by Administrative Agent and each Lender (other than any Defaulting Lender: ): (i) Extends extends the Termination Date (except as set forth in Section 3.20); (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders any Credit Party under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINCommitment," "APPLICABLE PERCENTAGEHistorical Value," "COMMITMENTImplied Value," "COMMITMENT PERCENTAGEPool Consolidated Affiliates," "DETERMINING LENDERSPro Rata," "PRO RATA PARTPro Rata Part," and (except as provided in SECTION 2.7) "TERMINATION DATERequired Lenders," or "; (iv) increases any one or more Lenders' Total Commitment; ;" (v) amends or waives the requirements of Section 7.15; (vi) waives the requirement of, compliance with, amends, or fully or partially releases -- EXCEPT any guaranty or any substantial part of any collateral, if any (except as expressly provided permitted by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in terms of the Loan Documents -- Documents); (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; or (viviii) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to (x) increase the amount or amend the definition of Permitted Redemptions must be by an instrument in writing executed by Borrower and the Majority Lenders, and (y) accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Administrative Agent or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGIN“Adjusted Property EBITDA," "APPLICABLE PERCENTAGE” “Approved Costs," "COMMITMENT” “EBITDA Adjustments," "COMMITMENT PERCENTAGE” “EBITDA Value," "DETERMINING LENDERS” “Majority Lenders," "PRO RATA PART” “Occupancy Rate," and ” “Required Lenders,” “Pro Rata Share,” or “Unencumbered Property;” (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment’ Term Loan; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- PPT Guaranty; (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; (viii) amends Section 4.1; or (viix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this SECTION 14.8, any amendment to or consent or waiver under this agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGIN," "APPLICABLE PERCENTAGE," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATERELEASE RATINGS," or "RELEASE EVENT"; (iv) increases any one or more Lenders' CommitmentCommitment (except increases effected as a result of the availability of the Incremental Commitment upon satisfaction of the conditions of SECTION 6.2); (v) waives compliance with, amends, or fully or partially releases -- EXCEPT except as expressly provided by the SECTION 5.5 or any other Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateral; or (vi) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreement.

Appears in 1 contract

Samples: Credit Agreement (Magnetek Inc)

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All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to (x) increase the amount or amend the definition of Permitted Redemptions must be by an instrument in writing executed by Borrower and the Majority Lenders, and (y) accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGIN“Majority Lenders” or “Required Lenders," "APPLICABLE PERCENTAGE," "COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' the amount of the Total Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- PPT Guaranty; (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; (viii) amends Section 4.1; or (viix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Maturity Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINAdjusted Property EBITDA," "APPLICABLE PERCENTAGEApproved Costs," "COMMITMENTEBITDA Adjustments," "COMMITMENT PERCENTAGEEBITDA Value," "DETERMINING LENDERSMajority Lenders," "PRO RATA PARTOccupancy Rate," and "Required Lenders," "Pro Rata Share," or "Unencumbered Property;" (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' CommitmentTerm Loan; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- PPT Guaranty; (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; (viii) amends Section 4.1; or (viix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any Except as specifically otherwise provided in this SECTION 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent Borrowers and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the Maturity Date or the Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation or any fees or other amounts payable hereunder beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders the Credit Parties under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINADJUSTED NOI," "APPLICABLE PERCENTAGEAPPROVED COSTS," "CAPITALIZATION RATE," "CHANGE IN CONTROL," "COMMITMENT," "COMMITMENT PERCENTAGEELIGIBLE ASSIGNEE," "DETERMINING LENDERSIMPLIED VALUE," "PRO RATA," "PRO RATA PARTSHARE," and "QUALIFIED PROPERTY," "REQUIRED LENDERS," "TOTAL COMMITMENT," or "TOTAL INDEBTEDNESS TO IMPLIED VALUE RATIO;" or (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by (or waives the Loan Documents requirement of) any guaranty, if any, or any collateral, if any; (vii) permits any Borrower to assign any of its Rights hereunder; (viii) amends SECTION 4; (ix) change the percentage of the Commitments or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for when a Company merges into another Person Lenders or dissolves when specifically permitted in the Loan Documents -- any Guaranty of them to take any action under this SECTION or Collateralany other provision of this Agreement; or (vix) changes this CLAUSE (bSECTION 13.9(B) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Innkeepers Usa Trust/Fl)

All Lenders. Any amendment to or waiver or consent or waiver under this ----------- agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower those Borrowers that are then party to it and Agent by Agents and executed (or approved, as the case may be) by each Lender: (i) Extends the due date or date, decreases the amount of, or waives the late or non-payment of any scheduled payment or amortization of principal or interest of any of the Obligations beyond the date specified in the Loan DocumentsUS Obligation or UK Obligation or any fees payable ratably to Lenders under SECTIONS 5.2, 5.3, or 5.4; (ii) decreases any rate or amount of interestinterest under this agreement, feesfees payable ratably to Lenders under SECTIONS 5.2, 5.3, or 5.4, or -- except as described in CLAUSE (B) above -- other sums payable to Agent or Lenders under this agreement (except such adjustments or reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGINUK- FACILITY COMMITMENT," "APPLICABLE PERCENTAGE," "US-FACILITY COMMITMENT," "COMMITMENT PERCENTAGE," "DETERMINING REQUIRED LENDERS," "PRO RATA PARTUK-REVOLVING-COMMITMENT PERCENTAGE," and (except as provided or the percentages in SECTION 2.7) the definition of "TERMINATION DATE"; BORROWING BASE;" (iv) increases any one Lender's UK-Facility Commitment or more Lenders' US-Facility Commitment; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT except as expressly provided by the SECTION 6.5 or any other Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty guaranty or Collateralcollateral; or (vi) changes this CLAUSE (bD) or any other matter specifically requiring the consent of all Lenders under this agreement.

Appears in 1 contract

Samples: Credit Agreement (Trikon Technologies Inc)

All Lenders. Any amendment to or supplement to, or waiver or consent or waiver under this agreement or under, any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by Borrower and Agent and executed (or approvedapproved in writing, as the case may be) by each Lenderall Lenders: (i) Extends the due date or for, decreases the amount or rate of calculation of, or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligations beyond Obligation or any fees payable ratably to Lenders under the date specified Credit Documents, except, in the Loan Documentseach case, any adjustments or reductions that are contemplated by any Credit Document; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGINCommitment," "APPLICABLE PERCENTAGECommitment Percentage," "COMMITMENTDefault Percentage," or "COMMITMENT PERCENTAGERequired Lenders," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7iii) "TERMINATION DATE"increases any part of any Lender's Commitment; (iv) increases fully or partially releases or amends the Guaranty, except, in each case, as expressly provided by any one Credit Document or more Lenders' Commitmentas a result of a merger, consolidation, or dissolution expressly permitted in the Credit Documents; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided consents to any assignment by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or CollateralBorrower under SECTION 14.10(a); or (vi) changes this CLAUSE (ba) or any other matter specifically requiring the consent of all Lenders under this agreement.any Credit Document. CREDIT AGREEMENT 38

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by Administrative Agent and each Lender (other than any Defaulting Lender: ): (i) Extends extends the Maturity Date (except as set forth in Section 3.18); (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent or Lenders any Credit Party under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINHistorical Value," "APPLICABLE PERCENTAGEImplied Value," "COMMITMENTPool Consolidated Affiliates," "COMMITMENT PERCENTAGEPro Rata," "DETERMINING LENDERSPro Rata Part," "PRO RATA PARTRequired Lenders," and "Term Loan," or "Term Loans;" (except as provided in SECTION 2.7v) "TERMINATION DATE"amends or waives the requirements of Section 7.15; (ivvi) increases any one or more Lenders' CommitmentLender's Term Loan; (vvii) waives the requirement of, compliance with, amends, or fully or partially releases -- EXCEPT any guaranty or any substantial part of any collateral, if any (except as expressly provided permitted by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in terms of the Loan Documents -- Documents); (viii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; or (viix) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prologis Trust)

All Lenders. Any Except as specifically otherwise provided in this Section 13.9, any amendment to or consent or waiver under this agreement Agreement or any Loan Document that purports to (x) increase the amount or amend the definition of Permitted Redemptions must be by an instrument in writing executed by Borrower and the Majority Lenders, and (y) accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender (other than any Defaulting Lender: ): (i) Extends extends the scheduled Termination Date; (ii) extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; (iiiii) decreases any rate or amount of interest, fees, principal, or other sums payable to Agent Agents or Lenders under this agreement Agreement (except such reductions as are contemplated by this agreementAgreement); (iiiiv) changes the definition of "APPLICABLE MARGINAdjusted Property EBITDA," "APPLICABLE PERCENTAGEApproved Costs," "COMMITMENTCommitment," "COMMITMENT PERCENTAGEEBITDA Adjustments," "DETERMINING LENDERSEBITDA Value," "PRO RATA PARTMajority Lenders," and "Occupancy Rate," "Required Lenders," "Pro Rata Share," "Total Commitment," or "Unencumbered Property;" (except as provided in SECTION 2.7) "TERMINATION DATE"; (ivv) increases any one or more Lenders' Commitment; (vvi) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- PPT Guaranty; (vii) permits Borrower to assign any Guaranty or Collateralof its rights hereunder; (viii) amends Section 4.1; or (viix) changes this CLAUSE (bSection 13.9(b) or any other matter specifically requiring the consent of all Lenders under this agreementAgreement.

Appears in 1 contract

Samples: Credit Agreement (Prentiss Properties Trust/Md)

All Lenders. Any amendment to or supplement to, or waiver or consent or waiver under this agreement or under, any Loan Credit Document that purports to accomplish any of the following must be by an instrument in a writing executed by Borrower and Agent and executed (or approvedapproved in writing, as the case may be) by each Lenderall Lenders: (i) Extends the due date or for, decreases the amount or rate of calculation of, or waives the late or non-payment of, any scheduled payment or amortization mandatory prepayment of principal or interest of any of the Obligations beyond Obligation or any fees payable ratably to Lenders under the date specified Credit Documents, except, in the Loan Documentseach case, any adjustments or reductions that are contemplated by any Credit Document; (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); (iii) changes the definition of "APPLICABLE MARGINCommitment," "APPLICABLE PERCENTAGECommitment Percentage," "COMMITMENTDefault Percentage," or "COMMITMENT PERCENTAGERequired Lenders," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7iii) "TERMINATION DATE"increases any part of any Lender's Commitment; (iv) increases fully or partially releases or amends the Guaranty, except, in each case, as expressly provided by any one Credit Document or more Lenders' Commitmentas a result of a merger, consolidation, or dissolution expressly permitted in the Credit Documents; (v) waives compliance with, amends, or fully or partially releases -- EXCEPT as expressly provided consents to any assignment by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or CollateralBorrower under SECTION 14.10(A); or (vi) changes this CLAUSE (bA) or any other matter specifically requiring the consent of all Lenders under this agreementany Credit Document.

Appears in 1 contract

Samples: Credit Agreement (Teppco Partners Lp)

All Lenders. Any amendment to or consent or waiver under this agreement or any Loan Document that purports to accomplish any of the following must be by an instrument in writing executed by Borrower and Agent and executed (or approved, as the case may be) by each Lender: (i) Extends the due date or decreases the amount of any scheduled payment or amortization of the Obligations Obligation beyond the date specified in the Loan Documents; , (ii) decreases any rate or amount of interest, fees, or other sums payable to Agent or Lenders under this agreement (except such reductions as are contemplated by this agreement); , (iii) changes the definition of "APPLICABLE MARGIN“Commitment," "APPLICABLE PERCENTAGE” “Commitment Percentage," "COMMITMENT” “Revolving Commitment”, “Term Commitment”, “Determining Lenders," "COMMITMENT PERCENTAGE," "DETERMINING LENDERS," "PRO RATA PART," and (except as provided in SECTION 2.7) "TERMINATION DATE"; ” “Pro Rata Part”, “Revolving Pro Rata Part”, “Term Pro Rata Part” or the definition of “Borrowing Base”, (iv) increases any one or more Lenders' Lender’s Commitment; , (v) waives compliance with, amends, or fully or partially releases -- EXCEPT — except as expressly provided by the Loan Documents or for when a Company merges into another Person or dissolves when specifically permitted in the Loan Documents -- any Guaranty or Collateral; or , (vi) changes the requirement that any increase of the Borrowing Base be approved and consented to by all of the Lenders or (vii) changes this CLAUSE clause (b) or any other matter specifically requiring the consent of all Lenders under this agreement.

Appears in 1 contract

Samples: Credit Agreement (Goodrich Petroleum Corp)

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