Common use of Amendment, Etc. of Material Contracts Clause in Contracts

Amendment, Etc. of Material Contracts. Except as could not reasonably be expected to have a Material Adverse Effect (after giving effect to any replacement or substitute agreements entered into in accordance with the terms of the Loan Documents), cancel or terminate any Material Contract or consent to or accept any cancellation or termination thereof, amend or otherwise modify any Material Contract or give any consent, waiver or approval thereunder, waive any default under or breach of any Material Contract, or agree in any manner to any other amendment, modification or change of any term or condition of any Material Contract or permit Xxxxxxxx Energy to do any of the foregoing; provided that (i) the extension of the term of a Material Contract on substantially the same terms and conditions then in effect (or on more favorable terms and conditions to the Borrower, any Guarantor or Xxxxxxxx Energy) shall be deemed to not violate this clause (n) and (ii) no such cancellation, termination, waiver, approval or consent shall be a Default hereunder if the Borrower, such Guarantor or Xxxxxxxx Energy enters into a replacement or substitute agreement on substantially the same terms and conditions as the applicable Material Contract then in effect (or on more favorable terms and conditions to the Borrower, such Guarantor or Xxxxxxxx Energy) within 60 days thereafter.