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’ Indebtedness for borrowed money or of any instrument or agreement (including any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing any such Indebtedness if 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 change the subordination provisions, if any, of such Indebtedness, or would otherwise be adverse in any material respect to the interests of the Lender or the issuer of such Indebtedness; provided, that notwithstanding the foregoing, any refinancing in respect of such Indebtedness shall be permitted so long as the principal amount thereof is not increased and the terms thereof are not modified to impose more burdensome terms upon the Borrower;

Appears in 3 contracts

Samples: Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Credit and Security Agreement (Armata Pharmaceuticals, Inc.), Secured Convertible Credit and Security Agreement (Armata Pharmaceuticals, Inc.)

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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' Indebtedness for borrowed money in excess of $1,000,000 or of any instrument or agreement (including including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing any such Indebtedness if 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 provisions, if any, of such Indebtedness, or would otherwise be adverse in any material respect to the interests of the Lender Lenders or the issuer of such IndebtednessIndebtedness in any respect; provided, that notwithstanding the foregoing, any refinancing Permitted Refinancing Indebtedness in respect of such Indebtedness shall be permitted so long as the principal amount thereof is not increased and the terms thereof are not modified to impose more burdensome terms upon the Borrowerpermitted;

Appears in 1 contract

Samples: Financing Agreement (Avid Technology, Inc.)

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' Indebtedness for borrowed money or of any instrument or agreement (including including, without limitation, any Acquisition Document, any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing relating to any such Indebtedness if 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 change the subordination provisionsprovision, if any, of such Indebtedness, or would otherwise be adverse in any material respect to the interests of the Lender Lenders (in their capacities as such) or the issuer of such Indebtedness; provided, that notwithstanding the foregoing, any refinancing obligor in respect of such Indebtedness shall be permitted so long as in any respect, in each case, unless either the principal amount thereof of such Indebtedness is not increased less than $50,000 or both (A) the Origination Agent and (B) the terms thereof are not modified Required Lenders shall otherwise approve such amendment, modification or change (it being understood and agreed that provisions of Subordinated Indebtedness and any applicable Subordination Agreement may include provisions restricting any amendment, modification or change to impose more burdensome terms upon the Borrowersuch Indebtedness and that such provisions shall govern and control);

Appears in 1 contract

Samples: Financing Agreement (Dico, Inc.)

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’ Indebtedness for borrowed money (other than Indebtedness constituting Permitted Intercompany Indebtedness) or of any instrument or agreement (including including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing relating to any such Indebtedness if 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 provisionsprovision, if any, of such Indebtedness, or would otherwise be adverse in any material respect to the interests of the Lender Lenders or the issuer of such Indebtedness; providedIndebtedness in any respect, except that notwithstanding the foregoingthis clause (i) shall not be deemed to restrict any amendments, any refinancing supplements, waivers, forbearances or other modifications in respect of such the Term Facility Documents or the Term Facility Indebtedness shall be to the extent permitted so long as under the principal amount thereof is not increased and the terms thereof are not modified to impose more burdensome terms upon the BorrowerIntercreditor Agreement;

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

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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' Indebtedness for borrowed money (other than Indebtedness constituting Permitted Intercompany Indebtedness) or of any instrument or agreement (including including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing relating to any such Indebtedness if 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 provisionsprovision, if any, of such Indebtedness, or would otherwise be adverse in any material respect to the interests of the Lender Lenders or the issuer of such Indebtedness; providedIndebtedness in any respect, except that notwithstanding the foregoingthis clause (i) shall not be deemed to restrict any amendments, any refinancing supplements, waivers, forbearances or other modifications in respect of such the ABL Facility Documents or the ABL Facility Indebtedness shall be to the extent permitted so long as under the principal amount thereof is not increased and the terms thereof are not modified to impose more burdensome terms upon the BorrowerIntercreditor Agreement;

Appears in 1 contract

Samples: Financing Agreement (Alj Regional Holdings Inc)

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' Indebtedness for borrowed money or of any instrument or agreement (including including, without limitation, any purchase agreement, indenture, loan agreement or security agreement) evidencing or governing relating to any such Indebtedness if 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 change the subordination provisions, if any, of such IndebtednessIndebtedness in a manner adverse to the Lenders, or would otherwise be adverse in any material respect to the interests of the Lender Lenders or the issuer of such Indebtedness; Indebtedness in any respect, provided, that that, notwithstanding the foregoing, the Loan Parties may amend, modify or otherwise change (or permit the amendment, modification or other change in any refinancing in respect manner of) any of the provisions of any of the Indebtedness permitted under clause (m) of the definition of Permitted Indebtedness to the extent that after giving effect to such amendment, modification or change, such Indebtedness shall continues to be permitted so long as under clause (m) of the principal amount thereof is not increased and the terms thereof are not modified to impose more burdensome terms upon the Borrowerdefinition of Permitted Indebtedness;

Appears in 1 contract

Samples: Financing Agreement (Aaipharma Inc)

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