Amendment to and consent under section 13.12 (subordinated securities; subordinated holdco debentures
Amendment to and Consent under Section 13.12 (Subordinated Securities; Subordinated HoldCo Debentures Sample Clauses
Amendment to and Consent under Section 13.12 (Subordinated Securities; Subordinated HoldCo Debentures. (a) Section 13.12 (a) of the Credit Agreement is amended by adding at the end thereof the following:other than the prepayment or optional prepayment of the Subordinated Notes with proceeds from the 2004 Primary Offering and the HoldCo Convertible Notes.(b) Section 13.12 of the Credit Agreement is amended by adding the following paragraph (c) at the end thereof:(c) (i) Make any payment in violation of any of the subordination provisions of the HoldCo Convertible Notes; or (ii) waive or otherwise relinquish any of its rights or causes of action arising under or arising out of the terms of the HoldCo Convertible Notes or consent to any amendment, modification or supplement to the terms of the HoldCo Convertible Notes except with the consent of the Required Lenders; or (iii) make any payment or prepayment (including payments as a result of acceleration thereof) on or redeem or otherwise acquire, purchase or defease the HoldCo Convertible Notes other than (x) subject to the subordination provisions, scheduled payments of interest, (y) the conversion of the HoldCo Convertible Notes in accordance with their terms and (z) the redemption of HoldCo Convertible Notes with the proceeds of one or more offerings of HoldCo common stock, provided that any such redemption occurs within 60 days of such offering of HoldCo common stock.(c) The Lenders hereby agree that HoldCo may use the proceeds of the 2004 Primary Offering and the HoldCo Convertible Notes to repay or prepay the Subordinated HoldCo Debentures in whole or in part and accrued interest thereon.