Common use of Material Changes to Terms Clause in Contracts

Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of 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 Borrower Parties.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (Kennametal Inc), Joinder and Assumption Agreement (CONSOL Energy Inc)

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Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of a the 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 Borrower PartiesBorrower.

Appears in 4 contracts

Samples: Credit Agreement (Target Corp), Credit Agreement (Target Corp), Assignment and Assumption (Vulcan Materials CO)

Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of a 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 Borrower Opinion Parties.

Appears in 1 contract

Samples: Term Loan Agreement (Dominion Midstream Partners, LP)

Material Changes to Terms. Provisions in the Subject Loan Documents which provide that any obligations of a Borrower 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 Borrower Loan Parties.

Appears in 1 contract

Samples: Security Agreement (Consol Energy Inc)

Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of a the Borrower Party 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 PartiesBorrower.

Appears in 1 contract

Samples: Bond Purchase Agreement (Covanta Holding Corp)

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Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of a the Borrower Party 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 PartiesBorrower.

Appears in 1 contract

Samples: Bond Purchase Contract (Clean Energy Fuels Corp.)

Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of a the 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 Borrower Parties.Borrower. E-5 (g)

Appears in 1 contract

Samples: Assignment and Assumption Agreement Agreement

Material Changes to Terms. Provisions in the Subject Documents which provide that any obligations of 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 Borrower PartiesBorrowers.

Appears in 1 contract

Samples: Credit Agreement (Capital One Financial Corp)

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