Common use of Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc Clause in Contracts

Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc. (i) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its or its Subsidiaries' Subordinated Indebtedness or any other Indebtedness that is secured by a lien that is subordinated to the liens securing the Obligations or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if (in the case of this clause (y) only) such amendment, modification or change would shorten the final maturity or average life to maturity of, or require any payment to be made earlier than the date originally scheduled on, such Indebtedness, would increase the interest rate applicable to such Indebtedness, would add any covenant or event of default, would change the subordination provision, if any, of such Indebtedness, or would otherwise be materially adverse to the Lenders or the issuer of such Indebtedness in any respect unless such amendment, modification or change is permitted under the applicable subordination or intercreditor agreement updated thereto;

Appears in 1 contract

Samples: Financing Agreement (Steel Partners Holdings L.P.)

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Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc. (i) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its or its Subsidiaries' Subordinated (A) Material Indebtedness or any other Indebtedness that is secured by a lien that is subordinated to the liens securing the Obligations or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Material Indebtedness (but expressly excluding the Obligations and any Indebtedness described in clauses (c) and (l) of the definition of Permitted Indebtedness) if (in the case of this clause (y) only) such amendment, modification or change would shorten the final maturity or average life to maturity of, or require any cash payment to be made earlier than the date originally scheduled on, such Indebtedness, would increase the interest rate or fees applicable to such Indebtedness, would add any covenant or event of default, would change the subordination provision, if any, of such Indebtedness, or would otherwise be materially adverse to (1) the Lenders (in their capacities as such) or (2) the issuer of such Indebtedness in any material respect unless such (it being understood that the foregoing shall not restrict the ability of the Parent or any of its Subsidiaries to enter into any amendment, modification or change is that results or permits the purchase, redemption, conversion or exchange of such Indebtedness for Qualified Equity Interests of the Parent) and (B) in the case of any Subordinated Indebtedness, to the extent not permitted under the subordination terms applicable subordination or intercreditor agreement updated thereto;to such Subordinated Indebtedness; 108

Appears in 1 contract

Samples: Financing Agreement (KushCo Holdings, Inc.)

Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc. (i) Amenda)Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its or its Subsidiaries' Subordinated Indebtedness (other than the ABL Indebtedness and other than, solely to the extent required by applicable law, any CARES Act Indebtedness, CEBA Indebtedness or any other Indebtedness that is secured by a lien that is subordinated to the liens securing the Obligations HASCAP Indebtedness) or of any instrument or agreement (including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) relating to any such Indebtedness if (in the case of this clause (y) only) such amendment, modification or change would shorten the final maturity or average life to maturity of, or require any payment to be made earlier than the date originally scheduled on, such Indebtedness, would increase the interest rate applicable to such Indebtedness, would add any covenant or event of default, would change the subordination provision, if any, of such Indebtedness, or would otherwise be materially adverse to the Lenders or the issuer of such Indebtedness in any respect unless or (B) any ABL Indebtedness or any ABL Document, if such amendment, modification or change is would not be permitted under by the applicable subordination or intercreditor agreement updated theretoterms and conditions of the Intercreditor Agreement;

Appears in 1 contract

Samples: Financing Agreement (ITHAX Acquisition Corp.)

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Modifications of Indebtedness, Organizational Documents and Certain Other Agreements; Etc. (i) Amend, modify or otherwise change (or permit the amendment, modification or other change in any manner of) any of the provisions of any of its or its Subsidiaries' Subordinated Indebtedness or any other Indebtedness that is secured by a lien that is subordinated to the liens securing the Obligations or of any instrument or agreement (including, without limitation, the Subordinated Debt Loan Documents, any purchase agreement, indenture, loan agreement or security agreement) relating to (A) any such Indebtedness (other than Indebtedness arising under the Subordinated Debt Loan Documents) if (in the case of this clause (y) only) such amendment, modification or change would shorten the final maturity or average life to maturity of, or require any payment to be made earlier than the date originally scheduled on, such Indebtedness, would increase the interest rate applicable to such Indebtedness, would add any covenant or event of default, would change the subordination provision, if any, of such Indebtedness, or would otherwise be materially adverse to the Lenders or the issuer of such Indebtedness in any respect unless or (B) any Indebtedness arising under the terms of the Subordinated Debt Loan Documents, if such amendment, modification or change is permitted under would otherwise be prohibited by the applicable subordination or intercreditor agreement updated theretoIntercreditor Agreement;

Appears in 1 contract

Samples: Loan Agreement (Otelco Inc.)

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