Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the Borrower.
Appears in 4 contracts
Sources: Five Year Credit Agreement (Target Corp), Credit Agreement (Target Corp), 364 Day Credit Agreement (Vulcan Materials CO)
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the a Borrower Party thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the BorrowerBorrower Parties.
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement (Kennametal Inc), Revolving Credit Facility (CONSOL Energy Inc)
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the a Borrower thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the BorrowerBorrowers.
Appears in 1 contract
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower any Opinion Party thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the BorrowerOpinion Parties.
Appears in 1 contract
Sources: Term Loan Agreement (Dominion Midstream Partners, LP)
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower thereunder will not be affected by the action or failure to act on the part of any Lender Other Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties such Other Party and the Borrower.
Appears in 1 contract
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower thereunder will not be affected by the action or failure to act on the part of any Lender Other Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Other Parties and the Borrower.
Appears in 1 contract
Material Changes to Terms. Provisions in the Subject Loan Documents which provide that any obligations of the Borrower a Loan Party thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Loan Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the BorrowerLoan Parties.
Appears in 1 contract
Sources: Loan Agreement (Consol Energy Inc)
Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of the Borrower thereunder will not be affected by the action or failure to act on the part of any Lender Party or by an amendment or waiver of the provisions contained in the other Subject Documents might not be enforceable under circumstances in which such action, failure to act, amendment or waiver so materially changes the essential terms of the obligations that, in effect, a new contract has arisen between the Lender Parties and the Borrower.. E-5 (g)
Appears in 1 contract
Sources: Five Year Credit Agreement