Common use of More Restrictive Agreements Clause in Contracts

More Restrictive Agreements. Should Borrower, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstanding, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or the Required Lenders, Borrower, the Administrative Agent and the Required Lenders shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Lenders in their sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreement, or other instrument pertaining to such other Indebtedness or issuance of Capital Stock (other than by reason of an event of default thereunder), so long as no Default or Unmatured Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrowers or any Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements the relevant documents pertaining to any existing or future Indebtedness Debt for money borrowed which constitutes revolving credit, in an amount exceeding $5,000,000 in aggregate amount to any lender or issuance group of Capital Stock lenders acting in concert with one another, pursuant to a Loan agreement, credit agreement, note purchase agreement, indenture or other similar instrument, which agreements or documents include covenants (whether affirmative or negative)instrument includes covenants, warranties, representations, or defaults or events of default (or any other provision type of restriction which may would have the practical effect of any of the foregoing, including, without limitation, any “"put” " or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower the Borrowers shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or Agent, in the Required Lendersdiscretion of the Administrative Agent, Borrowershall so request by written notice to the Borrowers, the Borrowers, the Administrative Agent and the Required Lenders Banks (in their sole discretion and based on their respective independent credit judgment, and subject to Section 9.06) shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by provisions, into this Agreement and, to the extent necessary and reasonably desirable to the Administrative Agent and the Required Lenders Banks (in their sole discretiondiscretion and based on their respective independent credit judgment, and subject to Section 7.06), into any of the other Loan Documents, all at the election of the Administrative Agent; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan Loan agreement, credit agreement, note purchase agreement, indenture or other instrument pertaining to such other Indebtedness or issuance of Capital Stock revolving credit (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this the Credit Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrower or any Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements the relevant documents pertaining to any existing or future Indebtedness Debt for money borrowed which constitutes revolving credit, in an amount exceeding $5,000,000 in aggregate amount to any lender or issuance group of Capital Stock lenders acting in concert with one another, pursuant to a Loan agreement, credit agreement, note purchase agreement, indenture or other similar instrument, which agreements or documents include covenants (whether affirmative or negative)instrument includes covenants, warranties, representations, or defaults or events of default (or any other provision type of restriction which may would have the practical effect of any of the foregoing, including, without limitation, any “"put” " or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested the Agent, in the discretion of the Agent, shall so request by written notice to the Administrative Agent or the Required Lenders, Borrower, the Administrative Borrower, the Agent and the Required Lenders Banks (in their sole discretion and based on their respective independent credit judgment, and subject to Section 10.06) shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by provisions, into this Agreement and, to the extent necessary and reasonably desirable to the Agent and the Required Lenders Banks (in their sole discretiondiscretion and based on their respective independent credit judgment, and subject to Section 8.06), into any of the other Loan Documents, all at the election of the Agent; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan Loan agreement, credit agreement, note purchase agreement, indenture or other instrument pertaining to such other Indebtedness or issuance of Capital Stock revolving credit (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this the Credit Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrower, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or the Required Lenders, Borrower, the Administrative Agent and the Required Lenders shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Lenders in their sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreementthis Agreement, or other instrument pertaining to such other Indebtedness or issuance of Capital Stock (other than by reason of an event of default thereunder), so long as no Default or Unmatured Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrower or any Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements the relevant documents pertaining to any existing or future Indebtedness Debt for money borrowed which constitutes revolving credit, in an amount exceeding $5,000,000 in aggregate amount to any lender or issuance group of Capital Stock lenders acting in concert with one another, pursuant to a Loan agreement, credit agreement, note purchase agreement, indenture or other similar instrument, which agreements or documents include covenants (whether affirmative or negative)instrument includes covenants, warranties, representations, or defaults or events of default (or any other provision type of restriction which may would have the practical effect of any of the foregoing, including, without limitation, any “"put” " or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested the Agent, in the discretion of the Agent, shall so request by written notice to the Administrative Agent or the Required Lenders, Borrower, the Administrative Borrower, the Agent and the Required Lenders Banks (in their sole discretion and based on their respective independent credit judgment, and subject to Section 10.06) shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by provisions, into this Agreement and, to the extent necessary and reasonably desirable to the Agent and the Required Lenders Banks (in their sole discretiondiscretion and based on their respective independent credit judgment, and subject to Section 8.06), into any of the other Loan Documents, all at the election of the Agent; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan Loan agreement, credit agreement, note purchase agreement, indenture or other instrument pertaining to such other Indebtedness or issuance of Capital Stock revolving credit (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this the Reimbursement Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrower, while this Agreement is in effect or any Note remains unpaid or any Facility Letter of Credit remains outstanding, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or the Required Lenders, Borrower, the Administrative Agent and the Required Lenders shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Lenders in their sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreement, or other instrument pertaining to such other Indebtedness or issuance of Capital Stock (other than by reason of an event of default thereunder), so long as no Default or Unmatured Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrower or any Obligor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstanding, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock Equity Issuance which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “"put” " or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or the Required Requisite Lenders, the Borrower, the Administrative Obligors, as applicable, the Agent and the Required Requisite Lenders shall (and Borrower shall cause the Obligors to, as applicable) promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Requisite Lenders in their sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreement, or other instrument pertaining to such other Indebtedness or issuance of Capital Stock Equity Issuance (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrower, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or the Required Lenders, Borrower, the Administrative Agent and the Required Lenders shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Lenders in their sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreement, agreement or other instrument pertaining to such other Indebtedness or issuance of Capital Stock (other than by reason of an event of default thereunder), so long as no Default or Unmatured Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrower or any Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements the relevant documents pertaining to any existing or future Indebtedness Debt for money borrowed which constitutes revolving credit, in an amount exceeding $5,000,000 in aggregate amount to any lender or issuance group of Capital Stock lenders acting in concert with one another, pursuant to a Loan agreement, credit agreement, note purchase agreement, indenture or other similar instrument, which agreements or documents include covenants (whether affirmative or negative)instrument includes covenants, warranties, representations, or defaults or events of default (or any other provision type of restriction which may would have the practical effect of any of the foregoing, including, without limitation, any “"put” " or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested by the Administrative Agent or Agent, in the Required Lendersdiscretion of the Administrative Agent, shall so request by written notice to the Borrower, the Borrower, the Administrative Agent and the Required Lenders Banks (in their sole discretion and based on their respective independent credit judgment, and subject to Section 9.06) shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by provisions, into this Agreement and, to the extent necessary and reasonably desirable to the Administrative Agent and the Required Lenders Banks (in their sole discretiondiscretion and based on their respective independent credit judgment, and subject to Section 7.06), into any of the other Loan Documents, all at the election of the Administrative Agent; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan Loan agreement, credit agreement, note purchase agreement, indenture or other instrument pertaining to such other Indebtedness or issuance of Capital Stock revolving credit (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this the Credit Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrowerthe Borrower or any Guarantor, while this Agreement is in effect or any Note remains unpaid or any Letter of Credit remains outstanding, enter into, refinance or modify any of the relevant documents, instruments or agreements pertaining to any existing the term loan facility entered into on or future Indebtedness or issuance about the date of Capital Stock which agreements or documents this Agreement by the Borrower and Bank of America, N.A. (the “BofA Term Loan”), to include covenants (whether affirmative or negative)covenants, warranties, representations, or defaults or events of default (or any other provision type of restriction which may would have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other more restrictive than those set forth herein or in any of the other Loan Documents, the Borrower shall promptly so notify the Administrative Agent and, if requested the Agent, in the discretion of the Agent, shall so request by written notice to the Administrative Agent or the Required Lenders, Borrower, the Administrative Borrower, the Agent and the Required Requisite Lenders (in their sole discretion and based on their respective independent credit judgment, and subject to Section 12.6) shall (and Borrower shall cause the Guarantors to, as applicable) promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by into this Agreement and, to the Required extent necessary and reasonably desirable to the Agent and the Requisite Lenders (in their sole discretiondiscretion and based on their respective independent credit judgment), into any of the other Loan Documents, all at the election of the Agent; provided, however, that any such amendment shall provide that, upon cancellation or termination in full of the loan agreement, credit agreement, or other instrument pertaining to such other Indebtedness or issuance of Capital Stock BofA Term Loan (other than by reason of an event of default thereunder), so long as no Default or Unmatured Event of Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendment.

More Restrictive Agreements. Should Borrower, while this Agreement is in effect or any the Note remains unpaid or any Letter of Credit remains outstandingunpaid, enter into, refinance or modify any agreements pertaining to any existing or future Indebtedness or issuance of Capital Stock which agreements or documents include covenants (whether affirmative or negative), warranties, representations, or defaults or events of default (or any other provision which may have the practical effect of any of the foregoing, including, without limitation, any “put” or mandatory prepayment of such debt) other than those set forth herein or in any of the other Loan Documents, Borrower shall promptly so notify the Administrative Agent Lender and, if requested by the Administrative Agent or the Required LendersLender, Borrower, the Administrative Agent Borrower and the Required Lenders Lender shall promptly amend this Agreement and the other Loan Documents to incorporate some or all of such provisions as determined by the Required Lenders Lender in their its sole discretion; provided, however, that any such amendment shall provide that, upon cancellation or termination of the loan agreement, credit agreement, agreement or other instrument pertaining to such other Indebtedness or issuance of Capital Stock (other than by reason of an any event of default thereunder), so long as no Default or Unmatured Default is in existence, such amendment also shall terminate and the provisions of this Agreement affected by such amendment shall revert to the terms thereof as in effect prior to giving effect to such amendmentagreement.