Common use of Amendments to First Lien Loan Documents and Second Lien Loan Documents Clause in Contracts

Amendments to First Lien Loan Documents and Second Lien Loan Documents. (a) The First Lien Loan Documents may be amended, supplemented or otherwise modified in accordance with their terms and the First Lien Credit Agreement may be Refinanced, in each case without the consent of the Second Lien Administrative Agent or the Second Lien Claimholders; provided, however, that the holders of such Refinancing debt bind themselves in writing to the terms of this Agreement and any such amendment, supplement, modification or Refinancing shall not: (i) provide for a principal amount of, without duplication, term loans, revolving loan commitments and letters of credit, bonds, debentures, notes or similar instruments (but excluding Hedging Obligations and Obligations in respect of Designated Cash Management Agreements) in the aggregate in excess of the Maximum First Lien Indebtedness Amount; (ii) increase the interest rate or yield provisions applicable to the First Lien Obligations by more than 3.00% per annum in the aggregate (excluding increases (A) resulting from increases in the underlying reference rate not caused by any amendment, supplement, modification or Refinancing of the First Lien Credit Agreement or (B) resulting from the accrual of interest at the Default Rate (as defined in the First Lien Credit Agreement as of the date hereof); or (iii) extend the scheduled final Maturity Date (as defined in the First Lien Credit Agreement) beyond the then scheduled final maturity date of the Second Lien Credit Agreement.

Amendments to First Lien Loan Documents and Second Lien Loan Documents. (a) The First Lien Loan Documents may be amended, restated, replaced, renewed, extended, supplemented or otherwise modified from time to time in accordance with their terms and the First Lien Credit Agreement may be replaced or Refinanced, in each case without the consent of the Second Lien Administrative Agent or the Second Lien ClaimholdersSecured Parties; provided, however, that (x) the holders of such Refinancing debt bind themselves in writing to the terms of this Agreement and (y) any such amendment, supplement, modification or Refinancing shall not: (i) provide for a principal amount of, without duplication, term loans, revolving loan commitments and letters of credit, bonds, debentures, notes or similar instruments (but excluding Hedging Obligations and Obligations in respect of Designated Cash Management AgreementsObligations) in the aggregate in excess of the Maximum First Lien Indebtedness Amount; (ii) increase the interest rate or yield provisions applicable to the First Lien Obligations (including by more than 3.00% per annum in the aggregate establishment of any incremental loans or notes or pursuant to any Refinancing) to an amount that would exceed the First Lien Interest Rate Cap (excluding increases (A) resulting from increases in the underlying reference rate not caused by any amendment, supplement, modification or Refinancing of the First Lien Credit Agreement, (B) resulting from the application of the pricing grid set forth in the definition of “Applicable Margin” in the Initial First Lien Credit Agreement as in effect on the date hereof or (BC) resulting from the accrual of interest at during the Default Rate (as defined in continuance of an Event of Default, or if amounts owed under the Initial First Lien Credit Agreement are overdue, as more further provided in Section 2.15(c) of the Initial First Lien Credit Agreement, as in effect on the date hereof); or (iii) extend the scheduled final Maturity Date (as defined in the First Lien Credit Agreement) or the date of any scheduled amortization payment beyond the then scheduled final maturity date of the Second Lien Credit Agreement.

Amendments to First Lien Loan Documents and Second Lien Loan Documents. (a) The First Lien Loan Documents may be amended, supplemented or otherwise modified in accordance with their terms and the First Lien Credit Agreement may be Refinanced, in each case without the consent of the Second Lien Administrative Collateral Agent or the Second Lien Claimholders; provided, however, that the holders of such Refinancing debt shall bind themselves in writing to the terms of this Agreement and any such amendment, supplement, modification or Refinancing shall not: not (i) provide for a principal amount of, without duplication, term loans, revolving loan commitments and letters letter of credit, bonds, debentures, notes or similar instruments credit facilities (but excluding Hedging Obligations hedging and Obligations in respect of Designated Cash Management Agreementscash management obligations) in the aggregate in excess of the Maximum First Lien Indebtedness Amount; Indebtedness, (ii) increase the “Applicable Rate” or similar component of the interest rate or yield provisions applicable to the First Lien Obligations by more than 3.002.0% per annum in the aggregate (excluding increases (A) resulting from increases application of the pricing grid set forth in the underlying reference rate not caused by any amendment, supplement, modification or Refinancing of the First Lien Credit Agreement as in effect on the date hereof or (B) resulting from the accrual of interest at the Default Rate (as such term is defined in the First Lien Credit Agreement as of in effect on the date hereof); or ), (iii) extend the scheduled final Maturity Date (as defined in maturity date of the First Lien Credit Agreement) Obligations or any Refinancing thereof beyond the then scheduled final maturity date of the Second Lien Credit Agreement or any Refinancing thereof or (iv) contravene the provisions of this Agreement; provided, however that the extension by the First Lien Collateral Agent and/or or the First Lien Claimholders of any DIP Financing pursuant to Section 6.01 shall not be deemed to contravene this Agreement in any way which would require the consent of the Second Lien Collateral Agent or any Second Lien Claimholder.