Common use of Modifications to Subordinated Debt Documents Clause in Contracts

Modifications to Subordinated Debt Documents. (a) Until the Senior Debt has been paid in full in cash (or other consideration acceptable to Agent in its sole discretion), and notwithstanding anything to the contrary contained in the Subordinated Debt Documents, no Subordinated Creditor shall, without the prior written consent of Agent, agree to any amendment, modification or supplement to the Subordinated Debt Documents that would (i) impose or make more burdensome any event of default or covenant under the Subordinated Debt Documents, (ii) increase the principal amount of the Subordinated Debt, (iii) increase the rate of interest on the Subordinated Debt by more than 300 basis points except in connection with the imposition of a default rate of interest of up to 2.0% or (iv) directly prohibit or restrict the payment of any amounts payable with respect to the Senior Debt.

Appears in 4 contracts

Samples: Subordination and Intercreditor Agreement (Earth Biofuels Inc), Subordination and Intercreditor Agreement (PNG Ventures Inc), Subordination and Intercreditor Agreement (PNG Ventures Inc)

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Modifications to Subordinated Debt Documents. (a) Until the Senior Debt has been paid in full in cash (or other consideration acceptable to Agent in its sole discretion), and notwithstanding anything to the contrary contained in the Subordinated Debt Documents, no Subordinated Creditor shall, without the prior written consent of Agent, agree to any amendment, modification or supplement to the Subordinated Debt Documents that would (i) impose or make more burdensome any event of default or covenant under the Subordinated Debt Documents, (ii) increase the principal amount of the Subordinated Debt, (iii) increase the rate of interest on the Subordinated Debt by more than 300 basis points except in connection with the imposition of a default rate of interest of up to 2.0% or (iv) directly prohibit or restrict the payment of any amounts payable with respect to the Senior Debt.

Appears in 2 contracts

Samples: Subordination and Intercreditor Agreement (PNG Ventures Inc), Subordination and Intercreditor Agreement (Sandell Asset Management Corp)

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