Common use of Amendment of Material Documents Clause in Contracts

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notes.

Appears in 6 contracts

Samples: Assignment and Assumption (Lennox International Inc), Credit Facility Agreement (Lennox International Inc), Credit Facility Agreement (Lennox International Inc)

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Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any Transaction Document (other than the Loan Documents) or Directories Transaction Document, (b) its certificate of incorporation, by-laws or other organizational documents or (c) any instruments, agreements or other documents in respect of Permitted Additional Debt, in each case in a manner materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 6 contracts

Samples: Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp), Credit Agreement (Windstream Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any Second Lien Loan Document, (b) the documentation governing any Permitted Securities or (c) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Select Medical Corp), First Lien Credit Agreement (Select Medical Corp), First Lien Credit Agreement (Select Medical Corp)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its charter, articles or certificate of incorporationorganization or incorporation and bylaws or operating, by-laws management or partnership agreement, or other organizational documents in a manner or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLender.

Appears in 4 contracts

Samples: Credit Agreement (SJW Group), Credit Agreement (SJW Group), Credit Agreement (SJW Group)

Amendment of Material Documents. (a) The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents if, taken as a whole, such amendment, modification or waiver is adverse in a manner adverse any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 4 contracts

Samples: Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.), Credit Agreement (Dex Media, Inc.)

Amendment of Material Documents. The Neither the Borrower nor any Restricted Subsidiary will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any document evidencing or governing, or under which was issued, any Subordinated Debt or any Second Lien Senior Secured Debt, in each case in a manner adverse to the interests of the Lenders hereunder or (b) if such amendment, modification or waiver would reasonably be expected to have a Material Adverse Effect, its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesdocuments.

Appears in 4 contracts

Samples: Credit Agreement (Cloud Peak Energy Resources LLC), Credit Agreement (Cloud Peak Energy Inc.), Credit Agreement (Cloud Peak Energy Inc.)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationformation, by-laws operating agreement or other organizational documents in documents, other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the Credit Parties, provided that the Borrower shall deliver or cause to be delivered to each Credit Party a manner adverse to copy of each such amendment, modification or waiver promptly after the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesexecution and delivery thereof.

Appears in 3 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)

Amendment of Material Documents. The Borrower Borrowers will not, nor and will it not permit any Subsidiary other member of the Borrower Affiliate Group to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders documents, or (b) any other instruments, documents or agreements, in each case to the Senior Unsecured Notesextent that such amendment, modification or waiver would be adverse to the interests of the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Gamestop Corp), Credit Agreement (GameStop Corp.), Credit Agreement (GameStop Corp.)

Amendment of Material Documents. (a) The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner or the Certificate of Designations, the Notes, the Indenture Documentation, the Warrants or the Warrant Certificate, to the extent that such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc), Revolving Credit Agreement (Memc Electronic Materials Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesany documentation governing any Subordinated Indebtedness.

Appears in 3 contracts

Samples: Capital Lease Agreement (Symbion Inc/Tn), Capital Lease Agreement (Symbion Inc/Tn), Credit Agreement (NeoSpine Surgery, LLC)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationOrganizational Documents or any Revolving Loan Facility Loan Document if, by-laws in each case referred to above, such amendment, modification or other organizational documents waiver, taken as a whole, is adverse in a manner adverse any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 3 contracts

Samples: Assignment and Assumption (Hawaiian Telcom Holdco, Inc.), Senior Secured Loan Agreement, Senior Secured Loan Agreement

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under (a) release its certificate of incorporation, by-laws or other organizational documents in a manner documents, if the effect of such amendment, modification, waiver, termination or release is materially adverse to the Administrative Agent Borrower and the Subsidiaries, taken as a whole, or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 3 contracts

Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents if the same is reasonably likely to have a Material Adverse Effect or would result in a manner adverse to an Event of Default under any of the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLoan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc), Credit Agreement (Topps Co Inc)

Amendment of Material Documents. The No Borrower will notwill, nor will it permit any Subsidiary of its subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness or (b) its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents documents, in a manner either case to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 3 contracts

Samples: Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.), Credit Agreement (Mirion Technologies, Inc.)

Amendment of Material Documents. The Each Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under under, or terminate, suspend or enter into any agreement relating to, (ai) its certificate of incorporation, by-by laws or other organizational documents documents, (ii) the Senior Notes Documents or (iii) the Contract of Work, in a manner each case that could reasonably be expected to be adverse in any significant respect to the Administrative Agent interests or rights of the Lenders or (b) to have an adverse effect in any significant respect upon the Senior Unsecured NotesFI Collateral and Rights.

Appears in 2 contracts

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Copper & Gold Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, amend or modify or waive any of its rights under (a) its certificate of incorporation, by-by laws or other organizational documents in a manner adverse documents, other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesCredit Parties.

Appears in 2 contracts

Samples: Credit Agreement (Bisys Group Inc), Credit Agreement (Bisys Group Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (ai) any Senior Subordinated Debt Document, (ii) the Sponsor Management Agreement or (iii) its certificate of incorporation, by-laws or other organizational documents if, in each case referred to above, such amendment, modification or waiver, taken as a manner whole, is adverse in any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Credit Agreement (LifeCare Holdings, Inc.), Credit Agreement (LifeCare Holdings, Inc.)

Amendment of Material Documents. The Borrower will shall not, nor will it and shall not permit any Subsidiary of its Material Subsidiaries to, without the prior written consent of the Required Lenders, amend, modify or waive any of its rights under (a) its certificate of formation, limited liability company agreement, certificate of incorporation, by-laws or other organizational documents documents, in each case in any manner that would reasonably be expected to have a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Radian Group Inc), Credit Agreement (Radian Group Inc)

Amendment of Material Documents. The No Borrower will not, nor or will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Convertible Note Document or (b) its certificate of incorporation, by-laws or other organizational documents documents, in a manner adverse either case, to the Administrative Agent extent such amendment, modification or waiver would be adverse in any material respect to the rights or interests of the Lenders hereunder or (b) the Senior Unsecured Notesunder any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Dress Barn Inc), Credit Agreement (Dress Barn Inc)

Amendment of Material Documents. The Borrower will shall not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) agreement relating to any Subordinated Indebtedness or (b) its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents in a manner documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Credit Agreement (Johnson Outdoors Inc), Credit Agreement (Johnson Outdoors Inc)

Amendment of Material Documents. The Neither Borrower will notwill, nor will it permit any Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under (a) release its certificate of incorporation, by-laws or other organizational documents in a manner documents, if the effect of such amendment, modification, waiver, termination or release is materially adverse to the Administrative Agent U.S. Borrower and the Subsidiaries, taken as a whole, or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Credit Agreement (Usg Corp), Credit Agreement (Usg Corp)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any Senior Subordinated Notes Document or any documentation governing any Subordinated Indebtedness or Additional Subordinated Debt or (b) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Credit Agreement (Usp Mission Hills, Inc.), Credit Agreement (United Surgical Partners International Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under release (a) its certificate of incorporation, by-laws bylaws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any agreement or instrument governing or evidencing any Material Indebtedness, in each case if the Senior Unsecured Noteseffect of such amendment, modification, waiver, termination or release would be adverse in any material respect to the Borrower, any Subsidiary or to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Amendment of Material Documents. The Borrower will notwill, nor will it they permit any Subsidiary to, amend, modify or waive any of its rights under (a) the Second Lien Indenture, (b) its certificate of incorporation, by-laws or other organizational documents documents, (c) the Confirmation Order or (d) the Reorganization Plan, in a each case in any manner that is adverse in any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Ami Celebrity Publications, LLC), Credit Agreement (Ami Celebrity Publications, LLC)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Convertible Note Document or (b) its certificate of incorporation, by-laws or other organizational documents documents, in a manner adverse either case, to the Administrative Agent extent such amendment, modification or waiver would be adverse in any material respect to the rights or interests of the Lenders hereunder or (b) the Senior Unsecured Notesunder any other Loan Document.

Appears in 2 contracts

Samples: Credit Agreement (Dress Barn Inc), Credit Agreement (Dress Barn Inc)

Amendment of Material Documents. (a) The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under under, or terminate, suspend or enter into any agreement relating to, (ai) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or documents, (bii) the Senior Unsecured NotesNotes Documents or (iii) the Contract of Work, in each case that could reasonably be expected to be adverse in any significant respect to the interests or rights of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Freeport McMoran Copper & Gold Inc), Credit Agreement (Freeport McMoran Copper & Gold Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights or increase its obligations under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesagreements and instruments governing the SAILs Debt, the Bank of Tokyo Securitization or the SAP Financing, in each case in any manner that could reasonably be expected to adversely affect the interests of the Lenders in any significant respect.

Appears in 2 contracts

Samples: Credit Agreement (Symbol Technologies Inc), Credit Agreement (Symbol Technologies Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Subordinated Debt document or (b) its certificate of incorporation, by-laws or other organizational documents, unless such amendment, modification or waiver under its certificate of incorporation, by-laws or other organizational documents in would not create a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 2 contracts

Samples: Credit Agreement (Pegasus Systems Inc), Credit Agreement (Pegasus Solutions Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under release (a) its certificate of incorporation, by-laws bylaws, certificates of designations or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any agreement or instrument governing or evidencing any Material Indebtedness, in each case if the Senior Unsecured Noteseffect of such amendment, modification, waiver, termination or release would be adverse in any material respect to the Borrower, any Subsidiary or to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Comtech Telecommunications Corp /De/), Credit Agreement (Comtech Telecommunications Corp /De/)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationOrganizational Documents, by-laws other than immaterial amendments, modifications or other organizational documents in a manner adverse waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesCredit Parties.

Appears in 2 contracts

Samples: Credit Agreement (Lifetime Brands, Inc), Security Agreement (Lifetime Brands, Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement governing Material Indebtedness (including the CoBank Receivables Loan Agreement, but excluding the Related Credit Facility) or (b) its certificate of incorporation, by-laws or other organizational documents that, in a manner adverse any case referred to the Administrative Agent or the Lenders in clause (a) or (b) ), could reasonably be expected to be adverse in any significant respect to the Senior Unsecured Notesinterests of the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Land O Lakes Inc), Credit Agreement (Land O Lakes Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse documents, other than immaterial amendments, modifications or waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesany Lender.

Appears in 2 contracts

Samples: Credit Agreement (Lecroy Corp), Guaranty Agreement (Lecroy Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify supplement or otherwise modify, or waive any of its rights under (a) its certificate of incorporationformation, by-laws operating agreement or other organizational documents documents, in a manner adverse each case other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent a copy of each such amendment, modification or waiver promptly after the Lenders or (b) the Senior Unsecured Notesexecution and delivery thereof.

Appears in 2 contracts

Samples: Amendment Agreement (Gci Liberty, Inc.), Amendment Agreement (Gci, LLC)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, not amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse any Agreement relating to the Administrative Agent or the Lenders any Subordinated Indebtedness or (b) its organizational documents (in any manner materially adverse to the Senior Unsecured NotesLender).

Appears in 2 contracts

Samples: Credit Agreement (Fuel Tech, Inc.), Credit Agreement (Fuel Tech, Inc.)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationformation, by-laws operating agreement or other organizational documents in a manner adverse documents, other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent and each Lender a copy of each such amendment, modification or waiver promptly after the Lenders or (b) the Senior Unsecured Notesexecution and delivery thereof.

Appears in 2 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Security Agreement (Virtus Investment Partners, Inc.)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) any agreement relating to any Subordinated Indebtedness or (b) its certificate of incorporation, articles, by-laws laws, operating, management or partnership agreement or other organizational documents documents, in a manner each case, to the extent any such amendment, modification or waiver would not reasonably be expected to be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 2 contracts

Samples: Credit Agreement (Biovail Corp International), Credit Agreement (Biovail Corp International)

Amendment of Material Documents. The Neither the Company nor any Borrower will notwill, nor will it they permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents document, (b) any document evidencing or governing the Existing Preferred Stock or (c) the Acquisition Documents, in a manner each case except for such amendments, modifications or waivers that could not be reasonably expected to effect any change materially adverse to the interests and rights of the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesunder any Loan Document.

Appears in 1 contract

Samples: Credit Agreement (CHG Healthcare Services, Inc.)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, amend or modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse documents, other than immaterial amendments, modifications or waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesCredit Parties.

Appears in 1 contract

Samples: Credit Agreement (Bisys Group Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents or (b) any indenture governing Indebtedness of the Borrower or any Subsidiary, in each case in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (McLeodusa Inc)

Amendment of Material Documents. (a) The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner or the Notes, the Bank Loan Documentation, the Indenture Documentation, the Warrants or the Warrant Certificate, to the extent that such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notes.Lenders.31 of 69

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

Amendment of Material Documents. The Neither the Parent nor the Borrower will notwill, nor will it they permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, or (b) any Convertible Note Document, in a each case in any manner adverse to that would impair in any material respect the value of the interests or rights of the Borrower thereunder or that would impair in any material respect the rights or interests of the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesany Lender.

Appears in 1 contract

Samples: Credit Agreement (Alaska Communications Systems Group Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, materially amend or modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents. The Borrower will not, and will not permit any Subsidiary to, enter into any material amendment, modification or assignment of, or waiver of rights under, any Material Agreement, in a manner adverse each case which is material 73 79 to the Administrative Agent Lenders as determined by (x) on or prior to the Lenders or Acquisition Funding End Date, a majority of the Agents, and (by) thereafter, the Senior Unsecured NotesRequired Lenders.

Appears in 1 contract

Samples: Credit Agreement (PPL Montana LLC)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its charter, articles or certificate of incorporationorganization or incorporation and bylaws or operating, by-laws management or partnership agreement, or other organizational documents in a manner or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLender in any material respect.

Appears in 1 contract

Samples: Credit Agreement (Neogen Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) agreement relating to any Subordinated Indebtedness, or (b) its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents in a manner adverse to the documents, unless Administrative Agent has consented to such amendment, modification or the Lenders waiver with respect to its certificate of incorporation, by-laws, operating, management or (b) the Senior Unsecured Notespartnership agreement or other organizational documents.

Appears in 1 contract

Samples: Credit Agreement (Iris International Inc)

Amendment of Material Documents. The Borrower will notwill, nor will it they permit any Subsidiary to, amend, modify or waive any of its rights under (a) the 2018 Second Lien Indenture, (b) the 2020 Second Lien Indenture or (c) its certificate of incorporation, by-laws or other organizational documents documents, in a each case in any manner that is adverse in any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (American Media Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner to the extent adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesin any material respect.

Appears in 1 contract

Samples: Credit Agreement (Mac-Gray Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any First Lien Loan Document, (b) the documentation governing any Permitted Securities or (c) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Select Medical Corp)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under (a) release its certificate of incorporation, by-laws bylaws or other organizational documents if the effect of such amendment, modification, waiver, termination or release would be adverse in a manner adverse any material respect to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: And Restatement Agreement (Chemours Co)

Amendment of Material Documents. The Borrower will not, nor ------------------------------- and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or laws, other organizational documents in or any documents evidencing or relating to any Indebtedness of the Borrower or any Subsidiary, unless such amendment, modification or waiver would not create a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Digital Generation Systems Inc)

Amendment of Material Documents. (a) The Borrower will not, nor and it will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, or the Employee Stock Option Plan, in each case in any manner that would be reasonably likely to result in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Pathmark Stores Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (ai) its certificate of incorporation, by-laws or other organizational documents documents, (ii) any Subordinated Debt Document or (iii) the Debentures Indenture, in a manner each case to the extent that such amendment, modification or waiver would be adverse to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Phillips Van Heusen Corp /De/)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders documentation governing any Permitted Securities or (b) its Organizational Documents to the Senior Unsecured Notesextent such amendment, modification or waiver would be materially adverse to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (InnovAge Holding Corp.)

Amendment of Material Documents. (a) The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents if, taken as a whole, such amendment, modification or waiver is adverse in a manner adverse any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Shared Services Agreement (DEX ONE Corp)

Amendment of Material Documents. The Borrower will not, nor not and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders any Subordinated Debt Document or (b) the Senior Unsecured Notesany of its Organic Documents.

Appears in 1 contract

Samples: Credit Agreement (Coho Energy Inc)

Amendment of Material Documents. The Borrower will not, nor ------------------------------- and will it not permit any Core Subsidiary to, amend, materially amend or modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents. The Borrower will not, and will not permit any Core Subsidiary to, enter into any material amendment, modification or assignment of, or waiver of rights under, any Material Agreement, in a manner adverse each case which is material to the Administrative Agent or Lenders as determined by the Lenders or (b) the Senior Unsecured NotesRequired Lenders.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (PPL Corp)

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Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents if the same is reasonably likely to have a Material Adverse Effect or would result in a manner adverse to the Administrative Agent an Event of Default under this Agreement or the Lenders or (b) the Senior Unsecured Notesany other Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Standard Motor Products Inc)

Amendment of Material Documents. The Borrower will shall not, nor will shall it permit any Subsidiary to, amend, modify or waive any of its rights under (a) agreement relating to any Subordinated Indebtedness or any Material Indebtedness or (b) its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents in a manner documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Cole Kenneth Productions Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any of its certificate of incorporationOrganizational Documents, by-laws other than immaterial amendments, modifications or other organizational documents in a manner adverse waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesany Lender.

Appears in 1 contract

Samples: Credit Agreement (Lecroy Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights or increase its obligations under (a) its certificate of incorporation, by-laws or other organizational documents in a any manner adverse that could reasonably be expected to adversely affect the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured Notesin any material respect.

Appears in 1 contract

Samples: Credit Agreement (Symbol Technologies Inc)

Amendment of Material Documents. The Borrower Borrowers will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent that such amendment, modification or waiver would be materially adverse to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any agreement governing Material Indebtedness or (b) its certificate of incorporation, by-laws or other organizational documents that, in a manner adverse any case referred to the Administrative Agent or the Lenders in clause (a) or (b) ), could reasonably be expected to be adverse in any significant respect to the Senior Unsecured Notesinterests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Land O Lakes Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationformation, by-laws operating agreement or other organizational documents documents, in a manner adverse each case other than immaterial amendments, modifications or waivers that could not reasonably be expected to adversely affect the Administrative Agent Credit Parties or the Lenders or (b) the Senior Unsecured Notesany Seller Debt Document.

Appears in 1 contract

Samples: Credit Agreement (Saga Communications Inc)

Amendment of Material Documents. The Borrower will not, nor not and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse (including without limitation the certificate of designation with respect to the Administrative Agent or the Lenders or Preferred Equity), (b) the Merger Agreement or any other document relating to the Acquisition or (c) the Senior Unsecured NotesFacility Documents unless any of the foregoing actions in any respect would not reasonably be expected to have a Materially Adverse Effect.

Appears in 1 contract

Samples: Bridge Financing Agreement (Choice One Communications Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Subordinated Debt Document, (b) its certificate of incorporation, by-laws or other organizational documents or (c) its material agreements, in each case in such a manner that could reasonably be expected to be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesotherwise result in a Material Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Shiloh Industries Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner or the Certificate of Designations, the Notes, the Indenture Documentation, the Warrants or the Warrant Certificate, to the extent that such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)

Amendment of Material Documents. The Borrower Borrowers will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders documents, or (b) the Senior Unsecured Notesprovisions of Articles VI or VII of the FNANB Merchant Agreement, in each case to the extent that such amendment, modification or waiver would be materially adverse to the interests of the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Circuit City Stores Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents or (c) any Material Agreement, in a each case in any manner adverse that could reasonably be expected to adversely effect in any material respect the interests of the Administrative Agent or the Lenders pursuant to this Agreement or (b) the Senior Unsecured Notesother Loan Documents.

Appears in 1 contract

Samples: Credit Agreement (Purina Mills Inc/)

Amendment of Material Documents. The Such Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its charter, articles or certificate of incorporationorganization or incorporation and bylaws or operating, by-laws management or partnership agreement, or other organizational documents in a manner or governing documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (SJW Group)

Amendment of Material Documents. The Borrower Borrowers will not, nor and will it not permit any Subsidiary of any Borrower to, amendagree to any amendment, modify modification or waive waiver of any term or provision of its rights under (a) its certificate of incorporationOrganizational Documents (except as otherwise expressly provided in Section 8.03(a)) or any Material Agreement, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notes.any agreement or instrument evidencing or governing any Pre-Petition Second Lien Obligations or (c)

Appears in 1 contract

Samples: Possession Credit Agreement (D. E. Shaw Laminar Acquisition Holdings 3, L.L.C.)

Amendment of Material Documents. The Borrower will not, nor -------------------------------- will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents or (b) the Indentures, in each case in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (McLeodusa Inc)

Amendment of Material Documents. The Borrower will shall not, nor will it and shall not permit any either Bank Subsidiary to, without the prior written consent of the Lender, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, in each case in any manner that would reasonably be expected to have a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (National Penn Bancshares Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Significant Subsidiary to, amend, modify or waive any of its rights under (a) any Material Agreement or its certificate of incorporation, by-laws or other organizational documents in a manner adverse documents, other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesCredit Parties.

Appears in 1 contract

Samples: Credit Agreement (CMP Group Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporationformation, by-laws operating agreement or other organizational documents documents, in each case other than amendments, modifications or waivers that could not reasonably be expected to adversely affect the Lender or otherwise result in a manner adverse Material Adverse Effect, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent Lender a copy of each such amendment, modification or waiver promptly after the Lenders or (b) the Senior Unsecured Notesexecution and delivery thereof.

Appears in 1 contract

Samples: Credit Agreement (Maxcor Financial Group Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Subordinated Note Document, or (b) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured Notesdocuments.

Appears in 1 contract

Samples: Credit Agreement (T Netix Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under release (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any other indenture, agreement or instrument in respect of any Material Indebtedness, in each case if the Senior Unsecured Noteseffect of such amendment, modification, waiver, termination or release could be materially adverse to the Borrower, any Subsidiary or the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Investools Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) any Subordinated Debt Document, (b) its certificate of incorporation, by-laws or other organizational documents documents, (c) the Partnership Agreement or (d) any of the Acquisition Documents, if any such amendment, modification or waiver could reasonably be expected to result in a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Asset Purchase Agreement (SFG Capital Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries (other than, with respect to clause (c) hereof, any Unrestricted Subsidiary) to, without the prior written consent of the Required Lenders, amend, modify or waive any of its rights under (a) any Existing Senior Unsecured Debt Document or its certificate of formation, limited liability company agreement, certificate of incorporation, by-laws or other organizational documents documents, in a each case in any manner that would reasonably be expected to be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLender Parties.

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (ai) any Senior Subordinated Debt Document, (ii) any Senior Unsecured Debt Document, or (iii) its certificate of incorporation, by-laws or other organizational documents if, in each case referred to above, such amendment, modification or waiver, taken as a manner whole, is adverse in any material respect to the Administrative Agent or interests of the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Telcom Communications, Inc.)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws laws, operating, management or partnership agreement or other organizational documents in a manner documents, to the extent any such amendment, modification or waiver would be adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLender.

Appears in 1 contract

Samples: Credit Agreement (Koss Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) [reserved], (b) the documentation governing any Permitted Securities or (c) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Select Medical Holdings Corp)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary to, amend, modify or waive any of its rights under (a) the Management Agreements or its certificate of incorporation, by-laws or other organizational documents in a manner adverse documents, other than amendments, modifications or waivers that would not reasonably be expected to adversely affect the Credit Parties, provided that the Borrower shall deliver or cause to be delivered to the Administrative Agent and each Lender a copy of each such amendment, modification or waiver promptly after the Lenders or (b) the Senior Unsecured Notesexecution and delivery thereof.

Appears in 1 contract

Samples: Credit Agreement (Insight Communications Co Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any instruments, agreements or other documents in respect of Permitted Additional Debt, in each case in a manner materially adverse to the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Security Agreement (Windstream Services, LLC)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify or terminate, or waive any of its rights under (a) under, its certificate of incorporationcharter, by-laws or other organizational documents if such action could, in the opinion of the Lender, be expected to have a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (Vfinance Inc)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Subsidiary of its Subsidiaries to, amend, modify modify, or waive any of its rights under (a) its certificate of incorporation, by-laws bylaws, or other organizational documents in a any manner materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (ORBCOMM Inc.)

Amendment of Material Documents. The Borrower will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any of the Senior Unsecured Notes.

Appears in 1 contract

Samples: Credit Facility Agreement (Lennox International Inc)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under (a) release its certificate of incorporation, by-laws bylaws or other organizational documents if the effect of such 152 amendment, modification, waiver, termination or release would be adverse in a manner adverse any material respect to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Amendment of Material Documents. The Borrower will not, nor and will it not permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) any First Lien Loan Document or (b) its certificate of incorporation, by-laws or other organizational documents documents, in a manner each case to the extent such amendment, modification or waiver would be materially adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesLenders.

Appears in 1 contract

Samples: Credit Agreement (Select Medical Corp)

Amendment of Material Documents. The No Borrower will, or will not, nor will it permit any Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, in a manner adverse either case, to the Administrative Agent extent such amendment, modification or waiver would be adverse in any material respect to the rights or interests of the Lenders hereunder or (b) the Senior Unsecured Notesunder any other Loan Document.

Appears in 1 contract

Samples: Credit Agreement (Ascena Retail Group, Inc.)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify modify, waive, terminate or waive any of its rights under release (a) its certificate of incorporation, by-laws bylaws or other organizational documents in a manner adverse to the Administrative Agent or the Lenders or (b) any Spin-Off Document, in each case if the Senior Unsecured Noteseffect of such amendment, modification, waiver, termination or release would be adverse in any material respect to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Chemours Co)

Amendment of Material Documents. The Borrower will shall not, nor will it and shall not permit any Subsidiary of its Material Subsidiaries to, without the prior written consent of the Required Lenders, amend, modify modify, supplement or waive any of its rights under (a) its certificate of formation, limited liability company agreement, certificate of incorporation, by-laws or other organizational documents documents, in each case in any manner that would reasonably be expected to have a manner adverse to the Administrative Agent or the Lenders or (b) the Senior Unsecured NotesMaterial Adverse Effect.

Appears in 1 contract

Samples: Credit Agreement (National Interstate CORP)

Amendment of Material Documents. The Borrower will not, nor will it permit any Restricted Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, by-laws or other organizational documents documents, (b) any real property lease relating to a Leasehold Data Center, (c) the 51 Indentures or (d) the Global Merger Agreement, in each case in a manner adverse in any material respect to the Administrative Agent or rights of the Lenders under the Loan Documents or (b) the Senior Unsecured Notesapplicable law.

Appears in 1 contract

Samples: Credit Agreement (Exodus Communications Inc)

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