High Yield Notes. Save to the extent expressly permitted under the terms of the HYD Intercreditor Agreement or, in relation to the Additional High Yield Notes, in any Supplemental Additional High Yield Notes Intercreditor Agreement, without the consent of an Instructing Group: (a) with respect to the Parent only: (i) it will not transfer any of its rights or obligations under the Existing High Yield Notes or agree any amendment to the Existing High Yield Notes (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the Existing High Yield Notes are denominated as at the Merger Closing Date (other than in the case where the United Kingdom becomes a Participating Member State); (ii) it will not transfer any of its rights or obligations under the New High Yield Notes or Additional High Yield Notes or agree any amendment to the New High Yield Notes or Additional High Yield Notes after the date of issuance (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the New High Yield Notes or Additional High Yield Notes are denominated as at the date of issuance (other than in the case where the United Kingdom becomes a Participating Member State); or (iii) in relation to any High Yield Refinancing permitted under the terms of this Agreement, it will not change any of the original terms under which such High Yield Refinancing was issued, where such terms relate to the conditions of such High Yield Refinancing set out in the definition thereof; or (b) with respect to the Company it will not agree any amendment to the guarantee granted by it in respect of obligations of the Parent under the Existing High Yield Notes or any guarantee granted in respect of the New High Yields Notes or High Yield Refinancing or Additional High Yield Notes and which is granted in accordance with the terms of paragraph (c) of Clause 25.4 (Financial Indebtedness), in each case, other than amendments of an administrative or technical nature.
Appears in 3 contracts
Sources: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
High Yield Notes. Save to the extent expressly permitted under the terms of the HYD Intercreditor Agreement or, in relation to the Additional High Yield Notes, in any Supplemental Additional High Yield Notes Intercreditor Agreement, without the consent of an Instructing Group:
(a) with respect to the Parent only:
(i) it will not transfer any of its rights or obligations under the Existing High Yield Notes or agree any amendment to the Existing High Yield Notes (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the Existing High Yield Notes are denominated as at the Merger Closing Date (other than in the case where the United Kingdom becomes a Participating Member State);
(ii) it will not transfer any of its rights or obligations under the New High Yield Notes or Additional High Yield Notes or agree any amendment to the New High Yield Notes or Additional High Yield Notes after the date of issuance (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the New High Yield Notes or Additional High Yield Notes are denominated as at the date of issuance (other than in the case where the United Kingdom becomes a Participating Member State); or
(iii) in relation to any High Yield Refinancing permitted under the terms of this Agreement, it will not change any of the original terms under which such High Yield Refinancing was issued, where such terms relate to the conditions of such High Yield Refinancing set out in the definition thereof; or
(b) with respect to the Company it will not agree any amendment to the guarantee granted by it in respect of obligations of the Parent under the Existing High Yield Notes or any guarantee granted in respect of the New High Yields Notes or High Yield Refinancing or Additional High Yield Notes and which is granted in accordance with the terms of paragraph (c) of Clause 25.4 (Financial Indebtedness), in each case, other than amendments of an administrative or technical nature.
Appears in 3 contracts
Sources: Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Investment Holdings LTD), Senior Facilities Agreement (Virgin Media Inc.)
High Yield Notes. Save to the extent expressly permitted under the terms of the HYD Intercreditor Agreement orand, in relation to the Additional High Yield Notesif applicable, in any Supplemental Additional High Yield Notes HYD Intercreditor Agreement, without the consent of an Instructing Group:
(a) with respect to the Parent only:
(i) it will not transfer any of its rights or obligations under the Existing High Yield Notes or agree any amendment to the Existing High Yield Notes (iA) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (iiB) changing the currencies in which the Existing High Yield Notes are denominated as at the Merger Closing Original Execution Date (other than in the case where the United Kingdom becomes a Participating Member State);
(ii) it will not transfer any of its rights or obligations under the New High Yield Notes or any Additional High Yield Notes or agree any amendment to the New High Yield Notes or any Additional High Yield Notes after the date of issuance (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the New High Yield Notes or such Additional High Yield Notes are denominated as at the date of issuance (other than in the case where the United Kingdom becomes a Participating Member State); or
(iii) in relation to any High Yield Refinancing permitted under the terms of this Agreement, it will not change any of the original terms under which such High Yield Refinancing was issued, where such terms relate to the conditions of such High Yield Refinancing set out in the definition thereof; or
(b) with respect to the Company Company, Intermediate Holdco and any other Obligor (as applicable), it will not agree any amendment to the form of any guarantee granted by it in respect of obligations of the Parent under the Existing High Yield Notes or the form of any guarantee granted in respect of the New High Yields Notes or any High Yield Refinancing or Additional High Yield Notes and which is granted in accordance with required by the terms of paragraph (c) of Clause 25.4 (Financial Indebtedness), in each case, other than amendments of an administrative or technical nature.
Appears in 2 contracts
Sources: Senior Facilities Agreement (Virgin Media Inc.), Senior Facilities Agreement (Virgin Media Inc.)
High Yield Notes. Save to the extent expressly permitted under the terms of the HYD Intercreditor Agreement or, in relation to the Additional High Yield Notes, in any Supplemental Additional High Yield Notes Intercreditor Agreement, without the consent of an Instructing Group:
(a) with respect to the Parent only:
(i) it will not transfer any of its rights or obligations under the Existing High Yield Notes or agree any amendment to the Existing High Yield Notes (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the Existing High Yield Notes are denominated as at the Merger Closing Date (other than in the case where the United Kingdom becomes a Participating Member State);
(ii) it will not transfer any of its rights or obligations under the New High Yield Notes or Additional High Yield Notes or agree any amendment to the New High Yield Notes or Additional High Yield Notes after the date of issuance (i) relating to the increase in the amount of or the bringing forward of the date of any payment of principal, interest, fees or other amounts payable thereunder or (ii) changing the currencies in which the New High Yield Notes or Additional High Yield Notes are denominated as at the date of issuance (other than in the case where the United Kingdom becomes a Participating Member State); or
(iii) in relation to any High Yield Refinancing permitted under the terms of this Agreement, it will not change any of the original terms under which such High Yield Refinancing was issued, where such terms relate to the conditions of such High Yield Refinancing set out in the definition thereof; or
(b) with respect to the Company and New Intermediate Holdco (as applicable), it will not agree any amendment to the guarantee granted by it in respect of obligations of the Parent under the Existing High Yield Notes or any guarantee granted in respect of the New High Yields Notes or High Yield Refinancing or Additional High Yield Notes and which is granted in accordance with the terms of paragraph (c) of Clause 25.4 (Financial Indebtedness), in each case, other than amendments of an administrative or technical nature.
Appears in 1 contract