Common use of Amendments to Subordinated Debt or Second Lien Loan Documents Clause in Contracts

Amendments to Subordinated Debt or Second Lien Loan Documents. Amend, supplement or otherwise modify (a) the Second Lien Loan Documents in any manner not permitted by the Intercreditor Agreement or resulting in the Obligations not constituting permitted debt under the Second Lien Loan Agreement, or otherwise not being fully benefited by the subordination provisions thereof, or (b) any document, instrument or agreement relating to any Subordinated Debt, if such modification (i) increases the principal balance of such Debt (other than as a result of capitalization of interest, fees or expenses or with respect to intercompany debt), or increases any required payment of principal or interest (other than payment-in-kind interest); (ii) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions (other than in connection with a Change of Control so long as such Subordinated Debt is not paid until Full Payment of all outstanding Obligations); (iii) shortens the final maturity date or otherwise accelerates amortization; (iv) increases the interest rate (other than as a result of the implementation of payment in kind default interest or with respect to intercompany debt); (v) increases or adds any material fees or charges; (vi) modifies any covenant in a manner or adds any representation, covenant or default that is more onerous or restrictive in any material respect for any Borrower or Subsidiary, or that is otherwise materially adverse to any Borrower or Subsidiary or Lenders; provided that if covenants in this Agreement are amended or modified, then covenants in the Subordinated Debt documents, instruments and agreements can be amended or modified for the purpose of maintaining the relative difference between covenants in this Agreements and such Subordinated Debt documents, instruments and agreements; or (vii) results in the Obligations not constituting permitted debt under the Subordinated Debt documents, or otherwise not being fully benefited by the subordination provisions thereof.

Amendments to Subordinated Debt or Second Lien Loan Documents. Amend, supplement or otherwise modify (a) the Second Lien Loan Documents in any manner not permitted by the Intercreditor Agreement or resulting in the Obligations not constituting permitted debt under the Second Lien Loan Agreement, or otherwise not being fully benefited by the subordination provisions thereof, or (b) any document, instrument or agreement relating to any Subordinated Debt, if such modification (i) increases the principal balance of such Debt (other than as a result of capitalization of interest, fees or expenses or with respect to intercompany debt), or increases any required payment of principal or interest (other than payment-in-kind interest); (ii) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions (other than in connection with a Change of Control so long as such Subordinated Debt is not paid until Full Payment of all outstanding Obligations); (iii) shortens the final maturity date or otherwise accelerates amortization; (iv) increases the interest rate (other than as a result of the implementation of payment in kind default interest or with respect to intercompany debt); (v) increases or adds any material fees or charges; (vi) modifies any covenant in a manner or adds any representation, covenant or default that is more onerous or restrictive in any material respect 100 for any Borrower or Subsidiary, or that is otherwise materially adverse to any Borrower or Subsidiary or Lenders; provided that if covenants in this Agreement are amended or modified, then covenants in the Subordinated Debt documents, instruments and agreements can be amended or modified for the purpose of maintaining the relative difference between covenants in this Agreements and such Subordinated Debt documents, instruments and agreements; or (vii) results in the Obligations not constituting permitted debt under the Subordinated Debt documents, or otherwise not being fully benefited by the subordination provisions thereof.

Amendments to Subordinated Debt or Second Lien Loan Documents. Amend, supplement or otherwise modify (a) the Second Lien Loan Documents in any manner not permitted by the Intercreditor Agreement or resulting in the Obligations not constituting permitted debt under the Second Lien Loan Agreement, or otherwise not being fully benefited by the subordination provisions thereof, or (b) any document, instrument or agreement relating to any Subordinated Debt, if such modification (i) increases the principal balance of such Debt (other than as a result of capitalization of interest, fees or expenses or with respect to intercompany debt), or increases any required payment of principal or interest (other than payment-in-kind interest); (ii) accelerates the date on which any installment of principal or any interest is due, or adds any additional redemption, put or prepayment provisions (other than in connection with a Change of Control so long as such Subordinated Debt is not paid until Full Payment of all outstanding Obligations); (iii) shortens the final maturity date or otherwise 117 accelerates amortization; (iv) increases the interest rate (other than as a result of the implementation of payment in kind default interest or with respect to intercompany debt); (v) increases or adds any material fees or charges; (vi) modifies any covenant in a manner or adds any representation, covenant or default that is more onerous or restrictive in any material respect for any Borrower or Subsidiary, or that is otherwise materially adverse to any Borrower or Subsidiary or Lenders; provided that if covenants in this Agreement are amended or modified, then covenants in the Subordinated Debt documents, instruments and agreements can be amended or modified for the purpose of maintaining the relative difference between covenants in this Agreements and such Subordinated Debt documents, instruments and agreements; or (vii) results in the Obligations not constituting permitted debt under the Subordinated Debt documents, or otherwise not being fully benefited by the subordination provisions thereof.