Common use of Certain Amendments Clause in Contracts

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] or any other provision in any Loan Document to the contrary, the Borrower and the Administrative Agent (or to the extent relating to Collateral, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure any defect or error, (ii) comply with any provision hereunder or under any other Loan Document, (iii) add Guarantors of the Obligations, (iv) add property or other assets as Collateral, (v) add covenants of the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Parties, (vi) approve of any correction or update to any Schedule hereto or to any other Loan Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or (vii) take any action authorized by Section 10.10 [Authorization to Release Collateral and Guarantors]. Notwithstanding Section 11.1.1(a) [Required Consents], (x) only the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Lenders.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] or any other provision in any Loan Document to the contrary, the Borrower and the Administrative Agent (or to the extent relating to CollateralBorrower, the Collateral Agent)Agents, on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure any defect or error, (ii) comply with any provision hereunder or under any other Loan Document, (iii) add Guarantors of the Obligations, (iv) add property or other assets as Collateral, (v) add covenants of the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Parties, (vi) approve of any correction or update to any Schedule hereto or to any other Loan Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or received, (vii) take release from perfection any action authorized Lien created by Section 10.10 [Authorization any Loan Document that is no longer required by the terms hereof or such Loan Document to Release Collateral and Guarantors]. Notwithstanding Section 11.1.1(a) [Required Consents]be perfected, (xviii) only the consent share Collateral on a pro rata basis with any counterparty to a Specified Swap Agreement described in clause (b) of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Specified Swap Agreement” or (ix) if the Loans or Commitments hereunder are ever held or are anticipated to be held by multiple Lenders at one time, make such technical changes as are necessary to facilitate such holding by multiple Lenders. Furthermore, notwithstanding anything contained in any Loan Document, the Collateral Agent’s Letter may only be amended, waived, consented to or otherwise modified with the consent of each of the Collateral Agent and the Borrower, and no other Person shall be required to or have the right to consent to any such amendment, waiver, consent or modification of the Collateral Agent’s Letter.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] or any other provision in any Loan Document to the contrary, the Borrower and the Administrative Agent Agents (or to the extent relating to Collateral, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure any defect or error, (ii) comply with any provision hereunder or under any other Loan Document, (iii) add Guarantors of the Obligations, (iv) add property or other assets as Collateral, (v) add covenants of the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Parties, (vi) approve of any correction or update to any Schedule hereto or to any other Loan Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or received, (vii) take release from perfection any action authorized Lien created by Section 10.10 [Authorization any Loan Document that is no longer required by the terms hereof or such Loan Document to Release be perfected, or (viii) share Collateral and Guarantors]. Notwithstanding Section 11.1.1(aon a pro rata basis with any counterparty to a Specified Swap Agreement described in clause (b) [Required Consents], (x) only the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing LendersSpecified Swap Agreement.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] Neither this Agreement, the Note nor any of the Security Documents nor any terms hereof or any other provision in any Loan Document to the contrary, thereof may be amended unless such amendment is approved by the Borrower and the Administrative Agent (or to Majority Lenders, provided that no such amendment shall, without the extent relating to Collateralconsent of each Lender affected thereby, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure reduce the interest rate or extend the time of payment of scheduled principal payments or interest or fees on the Facility, or reduce the principal amount of the Facility or any defect or errorfees hereunder, (ii) comply with increase or decrease the Commitment of any provision hereunder Lender or under subject any other Loan DocumentLender to any additional obligation (it being understood that a waiver of any Event of Default or any mandatory repayment of the Facility shall not constitute a change in the terms of any Commitment of any Lender), (iii) add Guarantors amend, modify or waive any provision of the Obligationsthis Section 17.8, (iv) add property amend the definition of Majority Lenders or any other assets as Collateraldefinition referred to in this Section 17.8, (v) add covenants of consent to the assignment or transfer by the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Partiesits rights and obligations under this Agreement, (vi) approve release any Security Party from any of its obligations under any correction Security Document except as expressly provided herein or update to any Schedule hereto or to any other Loan in such Security Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or (vii) take amend any action authorized provision relating to the maintenance of collateral under Section 9.4. All amendments approved by the Majority Lenders under this Section 10.10 [Authorization 17.8 must be in writing and signed by the Borrower and each of the Lenders. In the event that any Lender is unable to Release Collateral and Guarantors]or refuses to sign an amendment approved by the Majority Lenders hereunder, such Lender hereby appoints the Agent as its Attorney-In-Fact for the purposes of signing such amendment. Notwithstanding No provision of this Section 11.1.1(a) [Required Consents], (x) only 17 or any other provisions relating to the Agent may be modified without the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Lenders.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] or any other provision in any Loan Document to the contraryNeither this Agreement, the Borrower and the Administrative Agent (or to the extent relating to Collateral, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part Note nor any of the Loan Security Documents from time to time nor any terms hereof or consent to thereof may be amended unless such action amendment is approved by the Collateral Agent to Borrowers and the Majority Lenders, provided that no such amendment shall, without the consent of each Lender affected thereby, (i) cure reduce the interest rate or extend the time of payment of scheduled principal payments or interest or fees on the Facility, or reduce the principal amount of the Facility or any defect or errorfees hereunder, (ii) comply with increase or decrease the Commitment of any provision hereunder Lender or under subject any other Loan DocumentLender to any additional obligation (it being understood that a waiver of any Event of Default or any mandatory repayment of the Facility shall not constitute a change in the terms of any Commitment of any Lender), (iii) add Guarantors amend, modify or waive any provision of the Obligationsthis Section 17.8, (iv) add property amend the definition of Majority Lenders or any other assets as Collateraldefinition referred to in this Section 17.8, (v) add covenants consent to the assignment or transfer by either of the Borrower or the other Loan Parties for the benefit Borrowers of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Partiesits rights and obligations under this Agreement, (vi) approve release any Security Party from any of its obligations under any correction Security Document except as expressly provided herein or update to any Schedule hereto or to any other Loan in such Security Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or (vii) take amend any action authorized provision relating to the maintenance of collateral under Section 9.4. All amendments approved by the Majority Lenders under this Section 10.10 [Authorization 17.8 must be in writing and signed by the Borrowers and each of the Lenders. In the event that any Lender is unable to Release Collateral and Guarantors]or refuses to sign an amendment approved by the Majority Lenders hereunder, such Lender hereby appoints the Agent as its Attorney-In-Fact for the purposes of signing such amendment. Notwithstanding No provision of this Section 11.1.1(a) [Required Consents], (x) only 17 or any other provisions relating to the Agent may be modified without the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Lenders.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] Neither this Agreement nor the Note nor any of the Security Documents nor any terms hereof or any other provision in any Loan Document to the contrary, thereof may be amended unless such amendment is approved by the Borrower and the Administrative Agent (or to Majority Lenders, provided that no such amendment shall, without the extent relating to Collateralwritten consent of each Lender affected thereby, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure reduce the interest rate or extend the time of a scheduled payment of principal or interest or fees on the Facility, or reduce the principal amount of the Facility or any defect or errorfees hereunder, (ii) comply with increase or decrease the Commitment of any provision hereunder Lender or under subject any other Loan DocumentLender to any additional obligation (it being understood that a waiver of any Event of Default or any mandatory repayment of Facility shall not constitute a change in the terms of any Commitment of any Lender), (iii) add Guarantors amend, modify or waive any provision of the Obligationsthis Section 15.8, (iv) add property amend the definition of Majority Lenders or any other assets as Collateraldefinition referred to in this Section 15.8, (v) add covenants consent to the assignment or transfer by a Borrower of the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Partiesits rights and obligations under this Agreement, (vi) approve release any Security Party from any of its obligations under any correction Security Document except as expressly provided herein or update to any Schedule hereto or to any other Loan in such Security Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or (vii) take amend any action authorized provision relating to the maintenance of collateral under Section 9.4. All amendments approved by the Majority Lenders under this Section 10.10 [Authorization to Release Collateral 15.8 must be in writing and Guarantors]. Notwithstanding Section 11.1.1(a) [Required Consents]signed by the Borrowers, (x) only the consent each of the respective parties thereto Lenders comprising the Majority Lenders and, if applicable, each Lender affected thereby and any such amendment shall be required for any amendments or waivers of binding on all the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Lenders.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] Neither this Agreement the Note nor any of the Security Documents nor any terms hereof or any other provision in any Loan Document to the contrary, thereof may be amended unless such amendment is approved by the Borrower and the Administrative Agent Majority Lenders, provided that no such amendment shall, without the consent of each Lender affected thereby, (i) reduce the interest rate or to extend the extent relating to Collateraltime of payment of principal or interest or fees on the Loan, or reduce the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any principal amount of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure any defect or errorfees hereunder, (ii) comply with increase or decrease the Commitment of any provision hereunder Lender or under subject any other Lender to any additional obligation (it being understood that a waiver of any Event of Default or any mandatory repayment of Loan Documentshall not constitute a change in the terms of any Commitment of any Lender), (iii) add Guarantors amend, modify or waive any provision of the Obligationsthis Section 15.8, (iv) add property or other assets as Collateralamend the definition of Majority Lenders, (v) add covenants of consent to the assignment or transfer by the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Partiesits rights and obligations under this Agreement, (vi) approve release any Security Party from any of its obligations under any correction Security Document except as expressly provided herein or update to any Schedule hereto or to any other Loan in such Security Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or (vii) take amend any action authorized provision relating to the maintenance of collateral under Section 9.5. All amendments approved by the Majority Lenders under this Section 10.10 [Authorization 15.8 must be in writing and signed by the Borrower and each of the Lenders. In the event that any Lender is unable to Release Collateral and Guarantors]or refuses to sign an amendment approved by the Majority Lenders hereunder, such Lender hereby appoints the Administrative Agent as its Attorney-In-Fact for the purposes of signing such amendment. Notwithstanding No provision of this Section 11.1.1(a) [Required Consents], (x) only 15 or any other provisions relating to the Agents may be modified without the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative each Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing Lenders.”

Certain Amendments. Notwithstanding Section 11.1.1(a) [Required Consents] or any other provision in any Loan Document to the contrary, the Borrower and the Administrative Agent AgentsAgent (or to the extent relating to Collateral, the Collateral Agent), on behalf of the Lenders and without any consent or action by any Lender, may amend, modify, supplement or restate in whole or in part any of the Loan Documents from time to time or consent to such action by the Collateral Agent to (i) cure any defect or error, (ii) comply with any provision hereunder or under any other Loan Document, (iii) add Guarantors of the Obligations, (iv) add property or other assets as Collateral, (v) add covenants of the Borrower or the other Loan Parties for the benefit of the Lenders or to surrender any right or power herein conferred upon the Borrower or any of the other Loan Parties, (vi) approve of any correction or update to any Schedule hereto or to any other Loan Document to the extent such Schedule is being corrected in any manner that is not material or is being updated to reflect the consummation of any transaction or exercise of any rights of the Loan Parties permitted hereunder for which no consent is required or for which the required consent has been received or received, (vii) take release from perfection any action authorized Lien created by Section 10.10 [Authorization any Loan Document that is no longer required by the terms hereof or such Loan Document to Release be perfected, or (viii) share Collateral and Guarantors]. Notwithstanding Section 11.1.1(aon a pro rata basis with any counterparty to a Specified Swap Agreement described in clause (b) [Required Consents], (x) only the consent of the respective parties thereto shall be required for any amendments or waivers of the Administrative Agent’s Letter and (y) only the consent of the applicable Lender, the Borrower and the Administrative Agent shall be required for any amendments or waivers of the notice referenced in the definition of “Issuing LendersSpecified Swap Agreement.”