Common use of Approval Right Clause in Contracts

Approval Right. Without the prior approval of the Holder, Bally will not: (i) pay any holder of the Notes for the Waivers or any holder of the Senior Notes for similar waivers under the Senior Notes Indenture with respect to Bally’s failure to comply with its reporting obligations thereunder, in either case in excess of the Consent Fee and the Additional Fee (provided that any initial consent fee paid in cash shall not be in excess of $10.00 per $1,000 in principal amount) or (ii) pay the lenders under the Credit Agreement for their approval of the waivers under the Indenture and the Senior Notes Indenture and the related consent payments in excess of the Consent Fee and the Additional Fee (provided that any initial consent fee paid in cash shall not be in excess of $10.00 per $1,000 in principal amount).

Appears in 2 contracts

Sources: Consent Agreement (Bally Total Fitness Holding Corp), Consent Agreement (Bally Total Fitness Holding Corp)