Common use of Amendments, Guaranty Supplements, Etc Clause in Contracts

Amendments, Guaranty Supplements, Etc. (a) No amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders (or signed by the Administrative Agent with the consent of the Required Lenders) and, in the case of an amendment, the Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders (or signed by the Administrative Agent with the consent of all the Lenders) (other than any Lender that is, at such time, a Defaulting Lender), (i) release all or substantially all the value under this Guaranty, or (ii) change this Section 8. Upon the sale of a Guarantor to a Person other than a Loan Party or a Subsidiary of a Loan Party to the extent permitted in accordance with the terms of the Loan Documents, such Guarantor shall be automatically released from this Guaranty without the requirement of any further action on the part of the Lenders or any Agent.

Appears in 2 contracts

Samples: Lien Subsidiary Guaranty (Terremark Worldwide Inc), First Lien Subsidiary Guaranty (Terremark Worldwide Inc)

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Amendments, Guaranty Supplements, Etc. (a) No Except for any Guaranty Supplement delivered pursuant to Section 8(b), no amendment or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders (or signed by the Administrative Agent with the consent of the Required Lenders) and, in the case of an amendment, the Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, waiver or consent shall, unless in writing and signed by all of the Lenders (or signed by the Administrative Agent with the consent of all the Lenders) and Lenders (other than any Lender that is, at such time, a Defaulting Lender), (ia) reduce or limit the obligations of any Guarantor hereunder, release all any Guarantor hereunder or substantially all the value under this Guaranty, or (ii) change this Section 8. Upon the sale of a Guarantor to a Person other than a Loan Party or a Subsidiary of a Loan Party otherwise limit any Guarantor’s liability with respect to the extent permitted Guaranteed Obligations owing to the Administrative Agent and the Lenders under or in accordance with the terms respect of the Loan Documents, such Guarantor (b) postpone any date fixed for payment hereunder or (c) change the number of Lenders or the percentage of (x) the Commitments or (y) the aggregate unpaid principal amount of the Advances, that, in each case, shall be automatically released from this Guaranty without required for the requirement of any further action on the part of the Administrative Agent and Lenders or any Agentof them to take any action hereunder.

Appears in 1 contract

Samples: Term Loan Agreement (Alliance Resource Partners Lp)

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Amendments, Guaranty Supplements, Etc. (a) No amendment amendment, modification or waiver of any provision of this Guaranty and no consent to any departure by any Guarantor therefrom shall in any event be effective unless the same shall be in writing and signed by the Administrative Agent and the Required Lenders (or signed by the Administrative Agent with the consent of the Required Lenders) and, in the case of an amendmentamendment or modification, the Guarantors, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that no amendment, modification, waiver or consent shall, unless in writing and signed by all of the Lenders (or signed by the Administrative Agent with the consent of all the Lenders) (other than any Lender that is, at such time, a Defaulting Lender), (ia) reduce or limit the obligations of any Guarantor hereunder, release all any Guarantor hereunder or substantially all the value under this Guaranty, or (ii) change this Section 8. Upon the sale of a Guarantor to a Person other than a Loan Party or a Subsidiary of a Loan Party otherwise limit any Guarantor’s liability with respect to the extent permitted Obligations owing to the Administrative Agent or the Lenders under or in accordance with the terms respect of the Loan Documents, such Guarantor (b) postpone any date fixed for payment hereunder or (c) change the number of Lenders or the percentage of (y) the Commitments or (z) the aggregate unpaid principal amount of the Loans that, in each case, shall be automatically released from this Guaranty without the requirement of any further action on the part of required for the Lenders or any Agentof them to take any action hereunder.

Appears in 1 contract

Samples: Subsidiary Guaranty (Leap Wireless International Inc)

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