Amendments to Financing Arrangements Sample Clauses

Amendments to Financing Arrangements. The Junior Lenders agree that, subject to the terms and conditions of this Agreement, the Agent and the Banks, and the Term Loans B Agent and the Term Loans B Banks, shall have the right, without the consent of the Junior Lenders but subject to the terms and provisions of the Term Loans B Intercreditor Agreement, to amend, modify or permit any amendment or modification to the Senior Lender Loan Documents except that, without the prior written consent of the Junior Lenders, neither the Agent nor the Term Loans B Agent shall amend, modify or supplement any provision of, or waive any other party’s compliance with any of the terms of, any Senior Lender Loan Document which: (a) restricts or prohibits payments by the Loan Parties to the Junior Lenders with respect to the Put Notes (except as set forth in this Agreement and the Senior Lender Loan Documents on the date hereof or in this Agreement); (c) modifies the Maturity Date (as defined in the Senior Lender Credit Agreement and the Term Loans B Credit Agreement) except that an extension of such Maturity Date to no later than December 1, 2009 (with respect to the Senior Lender Credit Agreement) and December 1, 2012 (with respect to the Term Loans B Credit Agreement), shall be permitted without the consent of the Junior Lenders; (c) increases the Senior Lender Credit Amount (with respect to the Senior Lender Credit Amount referred to in clause (a) of the definition of such term) by an amount greater than the applicable Permitted Senior Lender Credit Increase or increases the Senior Lender Credit Amount (with respect to the Senior Lender Credit Amount referred to in clause (b) of the definition of such term) by any amount greater than the applicable Permitted Senior Lender Credit Increase. Any such amendments or modifications to the Senior Lender Loan Documents shall be secured by the Collateral and shall be entitled to the benefits of this Agreement. The Junior Lenders agree that, without the prior written consent of the Agent and the Term Loans B Agent, they shall not have the right to amend, modify or permit any amendment or modifications to the Junior Lender Loan Documents in any manner which: (a) modifies the maturity date provided for in the Junior Lender Loan Documents, (b) modifies the timing or amount of any payment (or prepayment) of the principal or premium, if any, or interest due under the Junior Lender Loan Documents (except as set forth in the Junior Lender Loan Documents on the date hereof); (c) i...
Sample 1Sample 2
AutoNDA by SimpleDocs
Amendments to Financing Arrangements. Each Creditor shall each endeavor to notify the other of any material amendment or modification of its Loan Documents, respectively, but the failure to do so shall not create a cause of action against the party failing to give such notice or create any claim or right on behalf of the other Party. Each Creditor shall, upon request of the other, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Collateral.
Sample 1Sample 2
Amendments to Financing Arrangements. Section 2.08 of the Intercreditor Agreement is hereby deleted in its entirety and replaced with the following:
Sample 1
Amendments to Financing Arrangements or to this Agreement. BA and Trustee shall each endeavor to notify the other Party of any material amendment or modification of BA Documents or the Trustee Documents, respectively, but the failure to do so shall not create a cause of action against the Party failing to give such notice or create any claim or right on behalf of the other Party. BA and Trustee shall, upon request of the other Party, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Collateral.
Sample 1
Amendments to Financing Arrangements or to this Agreement. --------------------------------------------------------- NationsBank, on the one hand, and the Trustee, on the other hand, shall each use their best efforts to notify the other of any amendment or modification to the Revolving Credit Facility or any related security instrument, or the Indenture or any related security instrument or the instruments evidencing or securing any Permitted Bank Refinancing, but the failure to do so shall not create a cause of action against the party failing to give such notice or create any claim or right on behalf of any third party. NationsBank, on the one hand, and the Trustee, on the other hand, shall, upon request of the other or others, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Collateral. All modifications or amendments of this Agreement must be in writing and duly executed by an authorized officer of each party to be binding and enforceable.
Sample 1
Amendments to Financing Arrangements or to this Agreement. Alliance and Bank shall use their best efforts to notify each other of any amendment or modification in the Alliance Agreements or the Bank Agreements, but the failure to do so shall not create a cause of action against the party failing to give such notice or create any claim or right on behalf of any third party. Alliance and Bank shall, upon request of the other party, provide copies of all such modifications or amendments and copies of all other documentation relevant to the Collateral hereunder. All modifications or amendments of this Agreement must be in writing and duly executed by an authorized officer of each Lender to be binding and enforceable.
Sample 1
Amendments to Financing Arrangements 
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Amendments to Financing Arrangements

  • Amendments to Financing Agreement Subject to satisfaction of the conditions precedent set forth in Section 3 below, the Financing Agreement is hereby amended as follows:

  • Financing Arrangements (a) The Owner will obtain the Project Loan which shall be sufficient, together with the Owner's equity contributions, to pay the full amount of the costs to construct the Project in accordance with the development budget. The Owner and the Developer also contemplate that the Property and the Project, together with all fixtures, furnishing, equipment, and articles of personal property now owned or hereafter acquired by the Owner which are or may be attached to or used in connection with the Property or the Project, together with any and all replacements thereto and substitutions therefor, and all proceeds thereof; and all present and future rents, issues, leases, and profits of the Property and the Project will serve as security for the payment obligations to any lenders relating to the Project Loan or otherwise, and that the Owner will be the principal obligor for the repayment of all financial obligations thereunder after the transfer of title to the Owner. The Owner therefore, agrees to execute and deliver all commitments, promissory notes, mortgages, collateral assignments, documents, certificates, affidavits, and other writings required to be executed by any lender in connection with such financing.

  • Amendments to Security Documents Except to the extent otherwise expressly set forth in the Guarantee and Security Agreement or the other Loan Documents, no Security Document nor any provision thereof may be waived, amended or modified, nor may the Liens granted under the Guarantee and Security Agreement be spread to secure any additional obligations (excluding (x) any increase in the Loans and Letters of Credit hereunder pursuant to a Commitment Increase under Section 2.08(e), (y) any increase in any Other Secured Indebtedness or Shorter Term Secured Indebtedness permitted hereunder and (z) the spreading of such Liens to any Designated Indebtedness or Hedging Agreement Obligations (as defined in the Guarantee and Security Agreement) as provided for in the Guarantee and Security Agreement), except pursuant to an agreement or agreements in writing entered into by the Borrower, and by the Collateral Agent with the consent of the Required Lenders; provided that, (i) except as otherwise expressly permitted by the Loan Documents, without the written consent of each Lender and each Issuing Bank, no such agreement shall release all or substantially all of the Obligors from their respective obligations under the Security Documents and (ii) except as otherwise expressly permitted by the Loan Documents, without the written consent of each Lender and each Issuing Bank, no such agreement shall release all or substantially all of the collateral security or otherwise terminate all or substantially all of the Liens under the Security Documents, alter the relative priorities of the obligations entitled to the Liens created under the Security Documents (except in connection with securing additional obligations equally and ratably with the Loans and other obligations hereunder) with respect to all or substantially all of the collateral security provided thereby, except that no such consent shall be required, and the Administrative Agent is hereby authorized (and so agrees with the Borrower) to direct the Collateral Agent under the Guarantee and Security Agreement to, and in addition to the rights of such parties under the Guarantee and Security Agreement, the Administrative Agent and the Collateral Agent under the Guarantee and Security Agreement may, (1) release any Lien covering property (and to release any such guarantor) that is the subject of either a disposition of property not prohibited hereunder (including, without limitation, any property subject to a participation or repurchase transaction) or a disposition to which the Required Lenders or the required number or percentage of Lenders have consented (and such Lien shall be released automatically (A) to the extent provided in Section 10.03 of the Guarantee and Security Agreement and (B) to the extent permitted hereunder in connection with any property becoming subject to a participation or repurchase transaction), and (2) release from the Guarantee and Security Agreement any “Subsidiary Guarantor” (and any property of such Subsidiary Guarantor) that is designated as a “Designated Subsidiary” or becomes an Excluded Asset or an Immaterial Subsidiary in accordance with this Agreement or is otherwise no longer required to be a “Subsidiary Guarantor” (including, without limitation, because it ceases to be consolidated on the Borrower’s financial statements), so long as immediately after giving effect to any such release under this clause (2) and any Concurrent Transactions, (A) the Covered Debt Amount does not exceed the Borrowing Base and the Borrower delivers a certificate of a Financial Officer to such effect to the Administrative Agent, (B) either (I) the amount of any excess availability under the Borrowing Base immediately prior to such release is not diminished as a result of such release or (II) the Adjusted Gross Borrowing Base immediately after giving effect to such release is at least 110% of the Covered Debt Amount and (C) no Event of Default has occurred and is continuing.

  • Amendments to Documents The Trust shall furnish BISYS written copies of any amendments to, or changes in, any of the items referred to in Section 18 hereof forthwith upon such amendments or changes becoming effective. In addition, the Trust agrees that no amendments will be made to the Prospectuses or Statement of Additional Information of the Trust which might have the effect of changing the procedures employed by BISYS in providing the services agreed to hereunder or which amendment might affect the duties of BISYS hereunder unless the Trust first obtains BISYS' approval of such amendments or changes.

  • Amendments to Loan Documents Upon any such assignment, the Borrower and the Guarantors shall, upon the request of the Agent, enter into such documents as may be reasonably required by the Agent to modify the Loan Documents to reflect such assignment.

  • Amendments to Agreements The Company shall not amend, modify or otherwise change the Warrant Agreement, Trust Agreement, Registration Rights Agreement, Purchase Agreements, the Services Agreement, or any Insider Letter without the prior written consent of the Representative which will not be unreasonably withheld. Furthermore, the Trust Agreement shall provide that the trustee is required to obtain a joint written instruction signed by both the Company and the Representative with respect to the transfer of the funds held in the Trust Account from the Trust Account, prior to commencing any liquidation of the assets of the Trust Account in connection with the consummation of any Business Combination, and such provision of the Trust Agreement shall not be permitted to be amended without the prior written consent of the Representative.

  • Amendments to the Credit Agreement The Credit Agreement is hereby amended as follows:

  • Amendments to Finance Documents With effect on and from the Effective Date each of the Finance Documents other than the Loan Agreement shall be, and shall be deemed by this Agreement to have been, amended as follows:

  • Amendments to Loan Agreement The Loan Agreement is hereby amended as follows:

  • Amendments to Other Loan Documents (a) All references in the Loan Documents to the Credit Agreement shall henceforth include references to the Credit Agreement, as modified and amended hereby, and as may, from time to time, be further amended, modified, extended, renewed, and/or increased.

Time is Money Join Law Insider Premium to draft better contracts faster.