Common use of Amendments Consents Conflicts and Waivers Clause in Contracts

Amendments Consents Conflicts and Waivers. (a) Except as otherwise specifically provided (including the next two sentences of this SECTION 13.11(A)), (i) this Agreement may be amended, modified, or waived only by an instrument in writing executed jointly by Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except removal of Administrative Agent as provided in SECTION 12) by Administrative Agent, and may only be supplemented by 56 63 documents delivered or to be delivered in accordance with the express terms hereof, and (ii) the other Loan Documents may be the subject of an amendment, modification, or waiver only if Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except as set forth above), Administrative Agent, have approved same. Except as provided in SECTION 13.11(B) below, if Borrower shall request a waiver or consent of the Required Lenders under this Agreement or any other Loan Document and deliver to Administrative Agent all information and documentation requested by Administrative Agent in connection therewith, Administrative Agent shall endeavor to promptly forward such request and related documents and information to Lenders and request that Lenders approve or deny Borrower's request within a reasonable time (but not to exceed 30 days). If Administrative Agent has not received the vote of all Lenders within 30 days after such request has been sent to Lenders, Administrative Agent, in its sole and absolute discretion, may (and is hereby authorized by Lenders to) grant such waiver or consent if 66.667% (or in the case of any amendment, consent, or waiver with respect to any covenant or requirement in Section 9.30, 81%) of Lenders voting have approved such waiver or consent.

Amendments Consents Conflicts and Waivers. (a) Except as otherwise specifically provided (including the next two sentences of this SECTION 13.11(A))provided, (i) this Agreement may only be amended, modified, modified or waived only by an instrument in writing executed jointly by Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except removal of Administrative Agent as provided in SECTION 12) by Administrative Agent, and may only be supplemented by 56 63 documents delivered or to be delivered in accordance with the express terms hereof, and (ii) the other Loan Documents (other than the Fee Letter) may only be the subject of an amendment, modification, or waiver only if Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except as set forth above), Administrative Agent, have approved same. Except as ; provided in SECTION 13.11(Bthat no such amendment or waiver shall, unless signed by each Lender directly affected thereby, (i) belowincrease the Commitment of such Lender, if Borrower shall request a waiver (ii) reduce the principal of or consent rate of interest on any Borrowing or any fees or other amounts payable hereunder, (iii) postpone any date fixed for the payment of any scheduled installment of principal of or interest on any Borrowing or any fees or other amounts payable hereunder or for termination of any of the Required Total Commitment, (iv) change the percentage of the Total Commitment or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this SECTION 13.11(a) or any other provision of this Agreement, or (v) amend, modify or waive this SECTION 13.11(a) or the Pro Rata or ratable treatment of Lenders under this Agreement or any other Loan Document and deliver to Administrative Agent all information and documentation requested by Administrative Agent in connection therewith, Administrative Agent shall endeavor to promptly forward such request and related documents and information to Lenders and request that Lenders approve or deny Borrower's request within a reasonable time (but not to exceed 30 days). If Administrative Agent has not received the vote of all Lenders within 30 days after such request has been sent to Lenders, Administrative Agent, in its sole and absolute discretion, may (and is hereby authorized by Lenders to) grant such waiver or consent if 66.667% (or in the case of any amendment, consent, or waiver with respect to any covenant or requirement in Section 9.30, 81%) of Lenders voting have approved such waiver or consentAgreement.

Amendments Consents Conflicts and Waivers. (a) Except as otherwise specifically provided (including the next two sentences of this SECTION 13.11(A))provided, (i) this Agreement may only be amended, modified, modified or waived only by an instrument in writing executed jointly by Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except removal of Administrative Agent as provided in SECTION 12) by Administrative Agent, and may only be supplemented by 56 63 documents delivered or to be delivered in accordance with the express terms hereof, and (ii) the other Loan Documents may only be the subject of an amendment, modification, or waiver only if Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except as set forth above), Administrative Agent, have approved same. Except as ; provided in SECTION 13.11(Bthat no such amendment or waiver shall, unless signed by each Lender directly affected thereby, (i) belowincrease the Commitment of such Lender, if Borrower shall request a waiver (ii) reduce the principal of or consent rate of interest on any Borrowing or any fees or other amounts payable hereunder, (iii) postpone any date fixed for the payment of any scheduled installment of principal of or interest on any Borrowing or any fees or other amounts payable hereunder or for termination of any of the Required Total Commitment, or (iv) change the percentage of the Total Commitment or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Agreement SECTION 13.11(a) or any other Loan Document and deliver to Administrative Agent all information and documentation requested by Administrative Agent in connection therewith, Administrative Agent shall endeavor to promptly forward such request and related documents and information to Lenders and request that Lenders approve or deny Borrower's request within a reasonable time (but not to exceed 30 days). If Administrative Agent has not received the vote provision of all Lenders within 30 days after such request has been sent to Lenders, Administrative Agent, in its sole and absolute discretion, may (and is hereby authorized by Lenders to) grant such waiver or consent if 66.667% (or in the case of any amendment, consent, or waiver with respect to any covenant or requirement in Section 9.30, 81%) of Lenders voting have approved such waiver or consentthis Agreement.

Amendments Consents Conflicts and Waivers. (a) Except as otherwise specifically provided (including the next two sentences of this SECTION 13.11(A))provided, (i) this Agreement may only be amended, modified, modified or waived only by an instrument in writing executed jointly by Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except removal of Administrative Agent as provided in SECTION 12) by Administrative Agent, and may only be supplemented by 56 63 documents delivered or to be delivered in accordance with the express terms hereof, and (ii) the other Loan Documents (other than the Fee Letter) may only be the subject of an amendment, modification, or waiver only if Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except as set forth above), Administrative Agent, have approved same. Except as ; provided in SECTION 13.11(Bthat no such amendment or waiver shall, unless signed by each Lender directly affected thereby, (i) belowincrease the Commitment of such Lender, if Borrower shall request a waiver (ii) reduce the principal of or consent rate of interest on any Unreimbursed Amount or Borrowing or any fees or other amounts payable hereunder, (iii) postpone any date fixed for the payment of any scheduled installment of principal of or interest on any Unreimbursed Amount or Borrowing or any fees or other amounts payable hereunder or for termination of any of the Required Total Commitment, (iv) change the percentage of the Total Commitment or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this Section 13.11(a) or any other provision of this Agreement; (v) amend, modify or waive this Section 13.11(a); or (vi) amend, modify or waive the Pro Rata or ratable treatment of Lenders under this Agreement or any other Loan Document and deliver to Administrative Agent all information and documentation requested by Administrative Agent in connection therewith, Administrative Agent shall endeavor to promptly forward such request and related documents and information to Lenders and request that Lenders approve or deny Borrower's request within a reasonable time (but not to exceed 30 days). If Administrative Agent has not received the vote of all Lenders within 30 days after such request has been sent to Lenders, Administrative Agent, in its sole and absolute discretion, may (and is hereby authorized by Lenders to) grant such waiver or consent if 66.667% (or in the case of any amendment, consentAgreement, or waiver with respect amend, modify or waive the obligation of Borrower to any covenant or requirement in Section 9.30, 81%) Cash Collateralize the outstanding amount of Lenders voting have approved such waiver or consentLetters of Credit.

Amendments Consents Conflicts and Waivers. (a) Except as otherwise specifically provided (including the next two sentences of this SECTION 13.11(A))provided, (i) this Agreement may only be amended, modified, modified or waived only by an instrument in writing executed jointly by Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except removal of Administrative Agent as provided in SECTION 12) by Administrative Agent, and may only be supplemented by 56 63 documents delivered or to be delivered in accordance with the express terms hereof, and (ii) the other Loan Documents may only be the subject of an amendment, modification, or waiver only if Borrower and Required Lenders, and, in the case of any matter affecting Administrative Agent (except as set forth above), Administrative Agent, have approved same. Except as ; provided in SECTION 13.11(Bthat no such amendment or waiver shall, unless signed by each Lender directly affected thereby, (i) belowincrease the Commitment of such Lender, if Borrower shall request a waiver (ii) reduce the principal of or consent rate of interest on any Borrowing or any fees or other amounts payable hereunder, (iii) postpone any date fixed for the payment of any scheduled installment of principal of or interest on any Borrowing or any fees or other amounts payable hereunder or for termination of any of the Required Total Commitment, (iv) change the percentage of the Total Commitment or of the unpaid principal amount of the Notes, or the number of Lenders, which shall be required for Lenders or any of them to take any action under this SECTION 13.11(a) or any other provision of this Agreement, or (v) amend, modify or waive this SECTION 13.11(a) or the Pro Rata or ratable treatment of Lenders under this Agreement or any other Loan Document and deliver to Administrative Agent all information and documentation requested by Administrative Agent in connection therewith, Administrative Agent shall endeavor to promptly forward such request and related documents and information to Lenders and request that Lenders approve or deny Borrower's request within a reasonable time (but not to exceed 30 days). If Administrative Agent has not received the vote of all Lenders within 30 days after such request has been sent to Lenders, Administrative Agent, in its sole and absolute discretion, may (and is hereby authorized by Lenders to) grant such waiver or consent if 66.667% (or in the case of any amendment, consent, or waiver with respect to any covenant or requirement in Section 9.30, 81%) of Lenders voting have approved such waiver or consentAgreement.