Common use of Amendment to Material Documents Clause in Contracts

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents in any material respect, or (b) any Material Agreements, except as expressly permitted in each case Section 7.12(b) or in any manner that is materially would not have an adverse to effect on the interests of the Lenders or Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lender under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Contractual Obligations evidencing, governing, securing or otherwise related to Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentIndebtedness.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Borrower’s or Subsidiary’s duties or the Lenders’ rights under this Agreement under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreementscontract, in each case in any manner that agreement, document, or instrument to which the Borrower or Subsidiary is materially adverse to the interests of the Lenders or the Administrative Agenta party.

Amendment to Material Documents. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case except in any manner that is materially would not have an adverse to effect on the interests of the Lenders or Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentNote Purchase Agreement.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case Organization Documents in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentLenders.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents in a manner materially adverse to the Lenders or (b) any Material Agreements, Agreement in each case in any a manner that is materially adverse results in, or could reasonably be expected to the interests of the Lenders or the Administrative Agentresult in, a Material Adverse Effect.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentBIN Sponsorship Agreement.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in any manner that is adverse to the interests of the Lender or the Borrower or any of its Subsidiaries under (a) its such party’s certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries the Loan Parties to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents documents, the Existing Master Lease or (b) any agreement governing Material AgreementsIndebtedness, in each case except in any manner that is materially adverse could not reasonably be expected to the interests of the Lenders or the Administrative Agenthave a Material Adverse Effect.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents Organization Documents or any Junior Debt Documents (bsubject to any applicable Acceptable Intercreditor Agreement) any Material Agreements, in each case in any manner that is would be materially adverse to the interests of the Lenders or and the Administrative Agent. Section 7.12.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any the documents governing its employee stock ownership plan if such amendment, modfication or waiver could reasonably be expected to have a Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentAdverse Effect.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents documents, or (b) any Material Agreementseither of the Subordinated Debenture Indentures, in each any such case in any manner that is materially would have a material and adverse to effect on the interests Lender, the Borrower or any of the Lenders or the Administrative Agentits Subsidiaries.

Amendment to Material Documents. The Borrower Borrowers will not, and will not permit any of its their Restricted Subsidiaries to, amend, modify or waive any of its rights in any manner that is adverse in any material respect to the interests of the Lenders under (a) its such Person’s certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocument.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents documents, or (b) the Foothill Warrant or any Material Agreements, in each case in other warrant issued by the Borrower or any manner that is materially adverse to the interests of the Lenders or the Administrative Agentits Subsidiaires.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case except in any manner that is materially would not have an adverse to effect on the interests of the Lenders or Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries. No Loan Party will change its headquarters location without giving the Administrative Agent prompt prior written notice of any such change.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, Agreements in each case in any a manner that is would be materially adverse to Borrower, and its Subsidiaries (taken as a whole), and/or the interests of the Lenders or the Administrative AgentLenders.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.)

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or documents, (b) any Contractual Obligations evidencing, governing, securing or otherwise related to Material AgreementsIndebtedness or (c) the contracts, in each case in any manner that is materially adverse to the interests of the Lenders agreements, instruments or the Administrative Agentother documents set forth on Schedule 7.11.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent. Section 7.12.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents Organization Documents or any Junior Debt Documents (bsubject to any 116 applicable Acceptable Intercreditor Agreement) any Material Agreements, in each case in any manner that is would be materially adverse to the interests of the Lenders or and the Administrative Agent.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.. 103 US-DOCS\51545218.9

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse documents evidencing or governing or relating to the interests of the Lenders Trust Preferred Securities or the Administrative AgentSubordinated Debt Documents, except to the extent permitted in Section 7.12 below.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreementsmaterial contract, in each case in any manner that is materially adverse to including without limitation the interests of the Lenders or the Administrative AgentSenior Unsecured Notes.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case Agreements or in any manner that is materially would not have an adverse to effect on the interests of the Lenders or Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lender under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. (a) The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.a manner

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is would have a materially adverse to effect on the interests of the Lenders or Lenders, the Administrative Agent, the Issuing Bank, the Borrower or any of its Subsidiaries.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentMerger Documents.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Loan Parties under (a) its certificate of incorporation, bylaws or other organizational documents (excluding joint venture agreements and other similar agreements) or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocument governing Restricted Indebtedness.

Amendment to Material Documents. The Borrower Borrowers will not, and will not permit any of its their Domestic Subsidiaries to, amend, modify or waive any of its rights in any manner that is adverse in any material respect to the interests of the Lenders or the Borrowers under (a) its respective certificate or articles of incorporation, bylaws bylaws, limited liability company operating agreement, partnership agreement or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentContracts.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests b)~any of the Lenders or the Administrative Agentmaterial contracts set forth in Schedule~7.11.

Amendment to Material Documents. The Borrower will not, and nor ------------------------------- will not Borrower permit any of its Restricted Subsidiaries to, amendenter into any material modification or amendment of, modify grant any material consent under, or waive any material right or obligation of its rights any Person under (a) its certificate or articles of incorporation, bylaws bylaws, partnership agreement, regulations or other organizational documents documents, or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentElysium Loan Document."

Amendment to Material Documents. The Each Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Borrowers under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case Agreements except in any manner that is materially adverse to would not have a Material Adverse Effect on the interests of the Lenders or Lenders, the Administrative Agent, the Borrower or any of its Subsidiaries, taken as a whole.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentContracts.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentYork Capital Recapitalization Transaction Documents.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or documents, (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of Del-Tin Agreements or (c) the Lenders or the Administrative AgentSenior Note Documents.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lender under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or documents, and (b) any Material Agreements, in each case in any manner that is materially adverse to the interests Convertible Notes. Table of the Lenders or the Administrative Agent.Contents

Amendment to Material Documents. (a) The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any the documents governing its employee stock ownership plan if such amendment, modfication or waiver could reasonably be expected to have a Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentAdverse Effect.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Credit Providers or Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, contracts evidencing Contractual Obligations in each case in any manner that is materially adverse to the interests excess of the Lenders or the Administrative Agent$1,000,000.

Amendment to Material Documents. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative AgentAsset Purchase Agreement.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders under (a) its certificate of incorporation, bylaws or other organizational documents or documents, (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of Note Purchase Agreement or (c) the Lenders or the Administrative AgentSenior Note Documents.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders Lender or the Administrative AgentBorrower or any of its Subsidiaries under such party’s certificate of incorporation, bylaws or other organizational documents.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in any manner that is adverse in any material respect to the interests of the Lenders or the Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agentdocuments.

Amendment to Material Documents. The Each of Holdings and the Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights under (a) its certificate of incorporation, bylaws or other organizational documents or (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of the Lenders or the Administrative Agent.

Amendment to Material Documents. The Borrower will not, and will not permit any of its Subsidiaries to, amend, modify or waive any of its rights in a manner materially adverse to the Lenders or the Borrower under (a) its certificate of incorporation, bylaws or other organizational documents or documents, (b) any Material Agreements, in each case in any manner that is materially adverse to the interests of Purchase Transaction Documents or (c) the Lenders or the Administrative AgentStockholder Rights Agreement.