Common use of Amendments or Waivers of Certain Documents Clause in Contracts

Amendments or Waivers of Certain Documents. (a) Defease or make, or permit any of its Subsidiaries to defease or make, any payments the effect of which is to defease, or make any voluntary or optional payment or prepayment on, or redemption of, any Permitted Mortgage Debt (except in connection with dispositions of any Health Care Facility permitted under Section 8.07 or refinancings of Permitted Mortgage Debt permitted hereunder) or Consolidated Subordinated Debt (except as permitted under Section 8.06) in whole or in part or (b) amend, supplement or otherwise change (or agree to any amendment or other change of), or permit any of its Subsidiaries to amend, supplement or otherwise change (or agree to any amendment or other change of), the terms of any Permitted Mortgage Debt or Consolidated Subordinated Debt, if the effect of such amendment, supplement or change is to increase the interest rate on such Consolidated Subordinated Debt, advance the dates upon which payments of principal or interest are due on such Permitted Mortgage Debt or such Consolidated Subordinated Debt (including any change that adds or modifies mandatory prepayments), change, in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, any event of default or covenant (or any definition relating thereto) with respect to such Consolidated Subordinated Debt, change the redemption or repurchase provisions with respect to such Permitted Mortgage Debt or Consolidated Subordinated Debt in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, change the subordination provisions of such Consolidated Subordinated Debt or otherwise increase the obligations of the obligor or confer additional rights on the holders of any Permitted Mortgage Debt or Consolidated Subordinated Debt without, in each case, obtaining the prior written consent of the Required Banks to such amendment or change.

Amendments or Waivers of Certain Documents. No Credit Party shall, amend or otherwise change the terms of the Senior Notes (a) Defease other than amendments made on or makeprior to the Second Amendment Effective Date in connection with the Exchange Offer and Recapitalization Transactions), the Convertible Notes or permit any of its Subsidiaries to defease or makeConvertible Note Documents, the Combination Agreement, any payments of the effect of which is to defeaseExchange Offer Documents or any Permitted Equipment Financing, or make any voluntary payment consistent with an amendment thereof or optional payment or prepayment on, or redemption of, any Permitted Mortgage Debt (except in connection with dispositions of any Health Care Facility permitted under Section 8.07 or refinancings of Permitted Mortgage Debt permitted hereunder) or Consolidated Subordinated Debt (except as permitted under Section 8.06) in whole or in part or (b) amend, supplement or otherwise change (or agree to any amendment or other change of), or permit any of its Subsidiaries to amend, supplement or otherwise change (or agree to any amendment or other change of), the terms of any Permitted Mortgage Debt or Consolidated Subordinated Debtthereto, if the effect of such amendment, supplement amendment or change is to increase the interest rate on such Consolidated Subordinated DebtIndebtedness, advance the change (to earlier dates) any dates upon which payments of principal or interest are due on such Permitted Mortgage Debt or such Consolidated Subordinated Debt (including any thereon, change that adds or modifies mandatory prepayments), change, in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, any event of default or covenant (or any definition relating thereto) condition to an event of default with respect thereto (other than to eliminate any such Consolidated Subordinated Debtevent of default or increase any grace period related thereto), change the redemption redemption, prepayment or repurchase defeasance provisions with respect to such Permitted Mortgage Debt or Consolidated Subordinated Debt in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, change the subordination provisions of such Consolidated Subordinated Debt Indebtedness (or otherwise of any guaranty thereof), or if the effect of such amendment or change, together with all other amendments or changes made, is to increase materially the obligations of the obligor thereunder or to confer any additional rights on the holders of such Indebtedness (or a trustee or other representative on their behalf) which would be adverse to any Permitted Mortgage Debt Credit Party or Consolidated Subordinated Debt withoutLenders. In addition, in each case, obtaining no Credit Party shall amend or otherwise change the prior written consent terms of any lease with respect to any IBX Facilities if the Required Banks to effect of such amendment or changechange is to increase the financial obligations with respect to such lease in an aggregate amount in excess of $50,000 over the term of such lease. Notwithstanding any of the foregoing to the contrary, the Lenders hereby consent to Company making a prepayment on that certain Master Loan and Security Agreement dated March 30, 2001 (“Xxxxx Fargo Agreement”) between Company and Xxxxx Fargo Bank (“Xxxxx Fargo”) on or after the Second Amendment Effective Date; provided, that any such prepayment to Xxxxx Fargo shall not exceed 100% of the total amount owed to Xxxxx Fargo under the Xxxxx Fargo Agreement.

Amendments or Waivers of Certain Documents. (a) Defease or make, or permit any of its Subsidiaries to defease or make, make any payments the effect of which is to defease, or make any voluntary or optional payment or prepayment on, or redemption of, any Permitted Mortgage Consolidated Subordinated Debt, Consolidated Debt (except in connection with dispositions of any Health Care Facility permitted under Section 8.07 or other than refinancings of Permitted Mortgage Debt permitted hereunder) Capital Leases), obligations under the FFCA Sale-Leaseback Transaction or Consolidated Subordinated Debt (except as permitted obligations under Section 8.06) the AEI Sale-Leaseback Transaction, in whole or in part or part, (b) amend, supplement or otherwise change (or agree to any amendment or other change of), or permit any of its Subsidiaries to amend, supplement or otherwise change (or agree to any amendment or other change of), ) the terms of any Permitted Mortgage Debt or Consolidated Subordinated Debt, if the effect of such amendment, supplement or change is to increase the interest rate on such Consolidated Subordinated Debt, advance the dates upon which payments payment of principal or interest are due on such Permitted Mortgage Debt or such Consolidated Subordinated Debt (including any change that adds or modifies mandatory prepayments), change, in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, any event of default or covenant (or any definition relating thereto) with respect to such Consolidated Subordinated Debt, change the redemption or repurchase provisions with respect to such Permitted Mortgage Debt or Consolidated Subordinated Debt in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, change the subordination provisions of such Consolidated Subordinated Debt or otherwise increase the obligations of the obligor or confer additional rights on the holders of any Permitted Mortgage Debt or Consolidated Subordinated Debt without, in each case, obtaining the prior written consent of the Required Banks to such amendment or change.

Amendments or Waivers of Certain Documents. (a) Defease or make, or permit any of its Subsidiaries to defease or make, make any payments the effect of which is to defease, or make any voluntary or optional payment or prepayment on, or redemption of, any Permitted Mortgage Debt (except in connection with dispositions of any Health Care Facility permitted under Section 8.07 or refinancings of Permitted Mortgage Debt permitted hereunder) or Consolidated Subordinated Debt (except as permitted under Section 8.06) in whole or in part or part, (b) amend, supplement or otherwise change (or agree to any amendment or other change of), or permit any of its Subsidiaries to amend, supplement or otherwise change (or agree to any amendment or other change of), ) the terms of any Permitted Mortgage Debt or Consolidated Subordinated Debt, if the effect of such amendment, supplement or change is to increase the interest rate on such Consolidated Subordinated Debt, advance the dates upon which payments payment of principal or interest are due on such Permitted Mortgage Debt or such Consolidated Subordinated Debt (including any change that adds or modifies mandatory prepayments), change, in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, any event of default or covenant (or any definition relating thereto) with respect to such Consolidated Subordinated Debt, change the redemption or repurchase provisions with respect to such Permitted Mortgage Debt or Consolidated Subordinated Debt in a manner materially adverse to the Consolidated Entities or which confers additional rights on the holders thereof, change the subordination provisions of such Consolidated Subordinated Debt or otherwise increase the obligations of the obligor or confer additional rights on the holders of any Permitted Mortgage Debt or Consolidated Subordinated Debt without, in each case, obtaining the prior written consent of the Required Banks to such amendment or change.