Amendments to Debt Documents. (a) The Senior Debt Documents may be amended, restated, supplemented or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Debt Documents may be Refinanced, in each case, without the consent of any Second Priority Debt Party; provided, however, that, without the consent of the Second Priority Majority Representatives, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall contravene any provision of this Agreement.
Amendments to Debt Documents. (a) The Senior Debt Documents may be amended, restated, amended and restated, supplemented, extended, renewed, replaced, restructured, and/or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Debt Documents may be Refinanced or replaced, in whole or in part, in each case, without the consent of any Junior Priority Debt Party, all without affecting the Lien priorities provided for herein and the other provisions hereof; provided, however, that, without the consent of the Junior Priority Majority Representatives, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall contravene the provisions of this Agreement.
Amendments to Debt Documents. (a) The Senior Lien Debt Documents may be amended, restated, supplemented, waived or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Lien Debt Documents may be Refinanced, in each case, without the consent of any Junior Lien Secured Party; provided that no such amendment, restatement, supplement, modification, waiver or Refinancing shall, without the consent of the Junior Lien Representative (or, in the case of clause (v) of this proviso, the written consent of the requisite number of Junior Lien Secured Parties set forth therein), (i) prohibit the payment of principal or interest or premium or fees or expenses under the Junior Lien Debt Documents when due, (ii) add or make more restrictive on any Grantor any event of default or any covenant with respect to the Senior Lien Obligations or make any change to any event of default or any covenant which would have the effect of making such event of default or covenant materially more restrictive on the Grantors (taken as a whole) unless a corresponding amendment to any comparable provision of the Junior Lien Debt Documents is offered to the Junior Lien Secured Parties, (iii) add, amend, restate, supplement or otherwise modify (in an adverse way) any restrictions on any Grantor’s ability to make any voluntary or mandatory payment under any Junior Lien Debt Document, (iv) increase the interest rate margin applicable to the Senior Lien Obligations by more than 5.00% per annum, excluding (A) the accrual of interest during the continuance of a default or an event of default, or amounts owed under the Senior Lien Debt Agreement as a result of the imposition of the “default” interest as more further provided in Section 2.07 of the Senior Lien Debt Agreement (as in effect on the date hereof) or payable under any corresponding provision applicable to any Refinancing of the Senior Lien Debt Agreement not in excess of such rate, and (B) for the avoidance of doubt, (x) any increase in the underlying reference rate and/or (y) any amendment, waiver or consent related to fees payable in the event of an amendment, waiver or consent and any arrangement, commitment and upfront fees and original issue discount, or (v) extend the stated maturity date of the Senior Lien Obligations as in effect on the date hereof (A) by more than 120 days but to no later than March 31, 2021, unless consented to in writing by lenders under the Junior Lien Debt Agreement holding not less than 66-2/3% of outsta...
Amendments to Debt Documents. (a) Provided that at least 15% of the original principal amount of the Aggregate Convertible Debentures are outstanding, neither the Company nor any of its Subsidiaries shall or shall permit any change, amendment, supplement or other modification of any terms of the SVB Facility or related documents, without the prior consent of the Aggregate Convertible Debenture Super Majority (based on outstanding principal amount) of the Aggregate Convertible Debentures, if the effect of such change, amendment, supplement or other modification (or renewal, refinancing, refunding or extension) is to:
Amendments to Debt Documents. (a) The ABL Debt Documents may be amended, restated, amended and restated, supplemented, extended, renewed, replaced, restructured, and/or otherwise modified in accordance with their terms, and the Indebtedness under the ABL Debt Documents may be Refinanced or replaced, in whole or in part, in each case, without the consent of any Term Priority Debt Party, all without affecting the Lien priorities provided for herein and the other provisions hereof; provided, however, that, without the consent of the Designated Term Priority Representative, no such amendment, restatement, amendment and restatement, supplement, extension, renewal, replacement, restructuring or other modification (or successive amendments, restatements, amendment and restatements, supplements, extensions, renewals, replacements, restructurings or other modifications) shall contravene the provisions of this Agreement.
Amendments to Debt Documents. Neither the Company nor any of its Subsidiaries shall or shall permit any change, amendment, supplement or other modification of any terms of either of the SVB Facilities, or related documents without the prior consent of the Purchasers who have committed at least 51% of the Committed Amounts and funded Drawdowns.
Amendments to Debt Documents. (a) The Priority Debt Documents may be amended, restated, amended and restated, supplemented, extended, renewed, replaced, restructured and/or otherwise modified in accordance with their terms and the Indebtedness under the Priority Facilities may be Refinanced or replaced, in whole or in part, in each case, without the consent of the Third Lien Parties, so long as not prohibited by the Third Lien Debt Documents in effect on the date hereof, all without affecting the Lien priorities provided for herein and the other provisions of this Agreement; ; provided, however, that, without the consent of the Majority Third Lien Parties, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall (i) contravene the provisions of this Agreement or (ii) solely to the extent that the stated maturity date of the Indebtedness outstanding under the Third Lien Debt Documents is earlier than the stated maturity date of the Priority Obligations, contractually restrict or otherwise directly and adversely affect the payment at or following (and, for the avoidance of doubt, solely at or following, and not prior to) the stated maturity date of the Indebtedness under the Third Lien Debt Agreement.
Amendments to Debt Documents. (a) The Senior Debt Documents may be amended, restated, amended and restated, supplemented, extended, renewed, replaced, restructured, and/or otherwise modified in accordance with their terms, and the Indebtedness under the Senior Debt Documents may be Refinanced or replaced, in whole or in part, in each case, without the consent of any Junior Priority Party, so long as permitted by the Junior Priority Debt Documents, all without affecting the Lien priorities provided for herein and the other provisions hereof; provided, however, that, without the consent of the Majority Noteholders, no such amendment, restatement, supplement, modification or Refinancing (or successive amendments, restatements, supplements, modifications or Refinancings) shall (i) contravene the provisions of this Agreement or (ii) contractually restrict or otherwise directly and adversely affect the payment at or following (and, for the avoidance of doubt, solely at or following, and not prior to) maturity of the Second Lien Notes.
Amendments to Debt Documents. (a) The Senior Debt Documents may be amended, restated, amended and restated, extended, supplemented or otherwise modified from time to time in accordance with their terms, and the Senior Obligations may be Refinanced, in whole or in part, in each case, without the consent of any Second Priority Representative or any Second Priority Debt Party, all without affecting the Lien priorities provided for herein or the other provisions hereof; provided, however, that, without the consent of the Second Priority Representatives, no such amendment, restatement, amendment and restatement, extension, supplement, modification or Refinancing shall frustrate the purpose of or violate any provision of this Agreement. Each Second Priority Representative (on its behalf and on behalf of each Second Priority Debt Party) hereby agrees and acknowledges that (I) it has reviewed the Initial First Lien Inventory Financing Agreement (as in effect on the date such Second Priority Representative becomes party to this Agreement) and (II) consents to the covenants and agreements set forth in the Initial First Lien Inventory Financing Agreement (as in effect on the date such Second Priority Representative becomes party to this Agreement), including, without limitation, the restriction on payments to Second Priority Debt set forth in Subsection III.G.16 thereof.
Amendments to Debt Documents. (a) No Second Priority Debt Document may be amended, supplemented or otherwise modified or entered into to the extent such amendment, supplement or modification, or the terms of any new Second Priority Debt Document, would (and no term of any Initial Second Priority Debt Document shall be effective to the extent it would) be prohibited by or inconsistent with any of the terms of this Agreement. The Company agrees to deliver to the Senior Representative copies of (i) any amendments, supplements or other modifications to the Second Priority Collateral Documents and (ii) any new Second Priority Collateral Documents promptly, but in any event within five (5) Business Days, after effectiveness thereof. Each Second Priority Representative, for itself and on behalf of each Second Priority Debt Party under its Second Priority Debt Facility, agrees that each Second Priority Collateral Document under its Second Priority Debt Facility shall include the following language (or language to similar effect reasonably approved by the Senior Representative): “Notwithstanding anything herein to the contrary, (i) the liens and security interests granted to Royal Bank of Canada pursuant to this Agreement are expressly subject and subordinate to the liens and security interests granted in favor of the Senior Secured Parties (as defined in the Intercreditor Agreement referred to below), including liens and security interests granted to JPMorgan Chase Bank, National Association, as administrative agent, pursuant to or in connection with the Credit Agreement, dated as of March 11, 2014 (as amended, restated, supplemented or otherwise modified from time to time), among the Company, the lenders from time to time party thereto and JPMorgan Chase Bank, National Association, as administrative agent and issuing lender, and (ii) the exercise of any right or remedy by Royal Bank of Canada hereunder is subject to the limitations and provisions of the Intercreditor Agreement dated as of October 8, 2014 (as amended, restated, supplemented or otherwise modified from time to time, the “Intercreditor Agreement”), among JPMorgan Chase Bank, National Association, as Senior Representative, Royal Bank of Canada, as Initial Second Priority Representative, the Company and its subsidiaries and affiliated entities party thereto, and other Persons that may become party thereto from time to time. In the event of any conflict between the terms of the Intercreditor Agreement and the terms of this Agreement...
