Common use of Most Favored Lender Status Clause in Contracts

Most Favored Lender Status. (a) If the Company agrees to any addition, amendment, waiver, deletion, termination or other modification of any affirmative or negative covenant, default, event of default or comparable provision (however named or designated) set forth in the Credit Agreement then in effect (a “Credit Agreement Modification”) which is more or less restrictive on the Company or any Subsidiary than the provisions contained in this Agreement, then the Company shall, within five (5) Business Days of each such Credit Agreement Modification which shall have occurred after the Series A Closing Day, provide a notice to the holders of the Notes in respect of each such Credit Agreement Modification. Each of the provisions set forth on Schedule 10.7 are on the date hereof (and immediately upon the effectiveness of a Credit Agreement Modification which shall have occurred after the date hereof, the terms of such Credit Agreement Modification shall be automatically) incorporated by reference into this Agreement (each such Credit Agreement Modification and each of the provisions set forth on Schedule 10.7 as so incorporated is herein referred to as an “Incorporated Provision”)), mutatis mutandis, as if set forth fully herein; provided, that at any time as a Default or Event of Default has occurred and is continuing, no Credit Agreement Modification which is less restrictive on the Company or any Subsidiary will be deemed incorporated into this Agreement without the prior written consent of the Required Holders, which written consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in no event shall an Incorporated Provision (i) amend or modify any provision otherwise set forth herein to make such provision less restrictive as to the Company or any Subsidiary than the corresponding provision set forth in this Agreement, as amended from time to time (without giving effect to this Section 10.7), or (ii) delete the parenthetical phrase set forth in Section 10.4(i).

Most Favored Lender Status. (a) If the Company agrees to any addition, amendment, waiver, deletion, termination or other modification of any affirmative or negative covenant, default, event of default or comparable provision (however named or designated) set forth in the Credit Agreement then in effect (a “"Credit Agreement Modification”") which is more or less restrictive on the Company or any Subsidiary than the provisions contained in this Agreement, then the Company shall, within five (5) Business Days of each such Credit Agreement Modification which shall have occurred after the Series A Closing DayDays, provide a notice to the holders of the Notes in respect of each such Credit Agreement Modification. Each of the provisions set forth on Schedule 10.7 are on the date hereof (and immediately Immediately upon the effectiveness of a Credit Agreement Modification which shall have occurred after the date hereofModification, the terms of such Credit Agreement Modification shall be automatically) automatically incorporated by reference into this Agreement (each such Credit Agreement Modification and each of the provisions set forth on Schedule 10.7 as so incorporated is herein referred to as an “"Incorporated Provision”")), mutatis mutandis, as if set forth fully herein; provided, that at any time as a Default or Event of Default has occurred and is continuing, no Credit Agreement Modification which is less restrictive on the Company or any Subsidiary will be deemed incorporated into this Agreement without the prior written consent of the Required Holders, which written consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in no event shall an Incorporated Provision (i) amend or modify any provision otherwise set forth herein to make such provision less restrictive as to the Company or any Subsidiary than the corresponding provision set forth in this the 2002 Note Agreement, as amended from time to time (without giving in effect to this Section 10.7), or (ii) delete on the parenthetical phrase set forth in Section 10.4(i)Series A Closing Day.

Most Favored Lender Status. (a) If the Company agrees to any addition, amendment, waiver, deletion, termination or other modification of any affirmative or negative covenant, default, event of default or comparable provision (however named or designated) set forth in the Credit Agreement then in effect (a “Credit Agreement Modification”) which is more or less restrictive on the Company or any Subsidiary than the provisions contained in this AgreementAgreement (including, without limitation, those set forth on Schedule 10.7), then the Company shall, within five (5) Business Days of each such Credit Agreement Modification which shall have occurred after the Series A Closing DayModification, provide a notice to the holders of the Notes in respect of each such Credit Agreement Modification. Each of the provisions set forth on Schedule 10.7 are on the date hereof (hereof, and immediately upon the effectiveness of a Credit Agreement Modification which shall have occurred after the date hereof, the terms of such Credit Agreement Modification shall be automatically) be, automatically incorporated by reference into this Agreement (each such Credit Agreement Modification and each of the such provisions set forth on Schedule 10.7 as so incorporated is herein referred to as an “Incorporated Provision”)), mutatis mutandis, as if set forth fully herein; provided, that at any time as a Default or Event of Default has occurred and is continuing, no Credit Agreement Modification which is less restrictive on the Company or any Subsidiary will be deemed incorporated into this Agreement without the prior written consent of the Required Holders, which written consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in no event shall an Incorporated Provision (i) amend or modify any provision otherwise set forth herein to make such provision less restrictive as to the Company or any Subsidiary than the corresponding provision set forth in this the 2002 Note Agreement, as amended from time to time (without giving in effect to this Section 10.7), or (ii) delete on the parenthetical phrase set forth in Section 10.4(i)Closing Day.

Most Favored Lender Status. (a) If the Company agrees to any addition, amendment, waiver, deletion, termination or other modification of any affirmative or negative covenant, default, event of default or comparable provision (however named or designated) set forth in the Credit Agreement then in effect (a “"Credit Agreement Modification”") which is more or less restrictive on the Company or any Subsidiary than the provisions contained in this Agreement, then the Company shall, within five (5) Business Days of each such Credit Agreement Modification which shall have occurred after the Series A Closing DayDays, provide a notice to the holders of the Notes in respect of each such Credit Agreement Modification. Each of the provisions set forth on Schedule 10.7 are on the date hereof (and immediately Immediately upon the effectiveness of a Credit Agreement Modification which shall have occurred after the date hereofModification, the terms of such Credit Agreement Modification shall be automatically) automatically incorporated by reference into this Agreement (each such Credit Agreement Modification and each of the provisions set forth on Schedule 10.7 as so incorporated is herein referred to as an “"Incorporated Provision”")), mutatis mutandis, as if set forth fully herein; provided, that at any time as a Default or Event of Default has occurred and is continuing, no Credit Agreement Modification which is less restrictive on the Company or any Subsidiary will be deemed incorporated into this Agreement without the prior written consent of the Required Holders, which written consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, in no event shall an Incorporated Provision (i) amend or modify any provision otherwise set forth herein to make such provision less restrictive as to the Company or any Subsidiary than the corresponding provision set forth in this the 2002 Note Agreement, as amended from time to time (without giving in effect to this Section 10.7), or (ii) delete on the parenthetical phrase set forth in Section 10.4(i)date of the Closing.

Most Favored Lender Status. (a) If Subject to the Section 9.8(b), if at any time the Company agrees is party to or shall enter into any Major Credit Facility or any other agreement, instrument or other document (or any amendment to any additionMajor Credit Facility or such agreement, amendment, waiver, deletion, termination instrument or other modification document) providing for or otherwise evidencing or governing extensions of credit available to the Company in an aggregate amount of at least $50,000,000 (or its equivalent in the relevant currency of payment) (any affirmative or negative covenantof the foregoing, a “Reference Agreement”), which Reference Agreement includes any financial covenant (however expressed including, without limitation, as a ratio, as a fixed threshold, as an event of default, or as mandatory prepayment provision), in any event that is not otherwise included in this Agreement or that would be more beneficial to the holders of default or comparable provision (however named or designated) set forth in the Credit Agreement then in effect (a “Credit Agreement Modification”) which is more or less restrictive on the Company or any Subsidiary Notes than the relevant similar covenant or like provisions contained in this AgreementAgreement (any such financial covenant, an “Additional Covenant”), then the Company shall, within five (5) Business Days of each 30 days after entering into such Credit Agreement Modification which shall have occurred after the Series A Closing DayReference Agreement, provide a notice thereof to the holders of Notes, which notice shall refer specifically to this Section 9.8 and describe in reasonable detail any such Additional Covenant. Unless waived in writing by the Notes in respect Required Holders within two Business Days of the holders’ receipt of such notice, each such Credit Agreement Modification. Each of the provisions Additional Covenant set forth on Schedule 10.7 are on the date hereof (and immediately upon the effectiveness of a Credit Agreement Modification which shall have occurred after the date hereof, the terms of in such Credit Agreement Modification notice shall be automatically) deemed incorporated by reference into this Agreement (each such Credit Agreement Modification and each of the provisions set forth on Schedule 10.7 as so incorporated is herein referred to as an “Incorporated Provision”))Agreement, mutatis mutandis, as if set forth fully herein; provided, that at any time herein effective as a Default or Event of Default has occurred and is continuing, no Credit Agreement Modification which is less restrictive on the Company or any Subsidiary will be deemed incorporated into this Agreement without the prior written consent of the Required Holders, which written consent shall not be unreasonably withheld or delayed. Notwithstanding date when such Additional Covenant became effective under the foregoing, in no event shall an Incorporated Provision (i) amend or modify any provision otherwise set forth herein to make such provision less restrictive as to the Company or any Subsidiary than the corresponding provision set forth in this applicable Reference Agreement, as amended from time to time (without giving effect to this Section 10.7), or (ii) delete the parenthetical phrase set forth in Section 10.4(i).