No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the TIFIA Lender, (i) extinguish or impair the TIFIA Lien, (ii) with respect to any Funded MCA Project, except as otherwise expressly permitted in this Agreement, amend, modify, replace or supplement any Related Document for such Funded MCA Project in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan or TIFIA Bond for such Funded MCA Project, (iii) with respect to any Funded MCA Project, waive or permit a waiver of any provision of any Related Document for such Funded MCA Project in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan or TIFIA Bond for such Funded MCA Project, (iv) with respect to any Funded MCA Project, terminate, assign, amend or modify, or waive timely performance by any party of, material covenants under any Principal Project Contract for such Funded MCA Project except for termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect, (v) except as otherwise expressly permitted in this Agreement, take any action, or fail to take any action, which would have the effect of reducing the rate at which any Pledged Taxes available to pay debt service on the TIFIA Bonds may be imposed, or (vi) provide for the acceleration (not including any indirect acceleration of the maturity thereof (A) through reimbursement obligations to the provider of a Credit Facility occurring as a result of a mandatory tender for purchase thereof or (B) as a result of revised amortization requirements and/or increased interest rates following an optional or mandatory tender for purchase thereof) of any Bonds or other obligations of the Borrower. Except as otherwise agreed by the XXXXX Xxxxxx in writing, the Borrower will provide to the TIFIA Lender copies of any proposed amendments, modifications, replacements of, or supplements to any Related Document for each Funded MCA Project (other than any copies already provided pursuant to Section 12(b)) at least thirty (30) days prior to the effective date thereof, and copies of fully executed amendments within ten (10) days following execution thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the TIFIA Lender, either (i) extinguish or impair the Liens on the Trust Estate granted pursuant to the Indenture, (ii) amend, modify, replace, or supplement any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iii) waive or permit a waiver of any provision of any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iv) terminate, assign, amend or modify, or waive timely performance by any party of material covenants under any Principal Project Contract except for termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect (in the TIFIA Lender’s determination), (v) except as otherwise expressly permitted in this Agreement, take any action, or fail to take any action, which would have the effect of reducing the ½ cent rental transactions and use tax imposed by the Sales Tax Act and the Ordinance or cause the expiration of that tax to occur prior to March 31, 2048, or (vi) provide for the acceleration of any Secured Obligations (for the avoidance of doubt, swap termination payments and term-outs of Secured Obligations that occur in accordance with the terms of such Secured Obligations shall not be considered acceleration). Except as otherwise agreed by the TIFIA Lender in writing, the Borrower will provide to the TIFIA Lender (x) copies of any proposed amendments, modifications, replacements of, or supplements to any Related Document at least thirty (30) days prior to the effective date thereof, and (y) complete, correct and fully executed copies of any amendment, modification or supplement to any Related Document within five (5) Business Days after execution thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person (including CDOT) to, without the prior written consent of the TIFIA Lender, either (i) extinguish or impair the Liens on the Trust Estate granted pursuant to the Indenture, (ii) amend, modify, replace, or supplement any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, (iii) waive or permit a waiver of any provision of any Related Document in a manner that could adversely affect the TIFIA Lender (in the TIFIA Lender’s determination) in connection with the TIFIA Loan, or (iv) terminate, assign, amend or modify, or waive timely performance by any party of material covenants under any Principal Project Contract except for a termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect. Except as otherwise agreed by the TIFIA Lender in writing, the Borrower will provide to the TIFIA Lender (x) copies of any proposed amendments, modifications, replacements of, or supplements to any Related Document at least thirty (30) days prior to the effective date thereof, and (y) complete, correct and fully executed copies of any amendment, modification or supplement to any Related Document within five (5) Business Days after execution thereof.
No Lien Extinguishment or Adverse Amendments. Neither City Related Party shall, or shall permit any Person to, without the prior written consent of the WIFIA Credit Provider or as otherwise specifically permitted in the WIFIA Credit Documents, (i) extinguish the Rate Covenant, (ii) extinguish or impair the Liens on the Pledged Collateral or any dedicated source of repayment of the Outstanding Balance (and the corresponding unpaid Principal Components of the Installment Payments) or any other Obligations (the proceeds of which are applied to fund Total Project Costs), in each case granted pursuant to the Financing Documents,
No Lien Extinguishment or Adverse Amendments. Borrower shall not, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Trust Estate, except as provided under the Master Trust Indenture, (ii) amend, modify or supplement any Related Document or the CDOT O&M Loan Agreement in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan or (iii) terminate, assign, amend or modify, or waive timely performance by CDOT or any other party of material covenants under, the Design-Build Contract or any other Principal Project Contract except for termination, assignment, amendment, modification or waiver that could not reasonably be expected to have a Material Adverse Effect. Except as otherwise agreed by the XXXXX Xxxxxx in writing, the Borrower will provide to the TIFIA Lender copies of any proposed amendments to any Related Document at least 30 days prior to the effective date thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Collateral, except as provided under the Collateral Agency Agreement and other Security Documents, (ii) amend, modify or supplement any Related Document in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan,
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Credit Provider,
No Lien Extinguishment or Adverse Amendments. Neither the Borrower/Issuer nor the Concessionaire shall, without the prior written consent of the TIFIA Lender, either (i) extinguish the Liens on the Collateral, except as provided under the Indenture and other Security Documents, or (ii) amend, modify or supplement the Senior Loan Agreement or any Related Document in a manner that could adversely affect the TIFIA Lender in connection with the TIFIA Loan. Except as otherwise agreed by the TIFIA Lender in writing, the Concessionaire will provide to the TIFIA Lender copies of any proposed amendments to the Senior Loan Agreement or any Related Document at least 30 days prior to the effective date thereof.
No Lien Extinguishment or Adverse Amendments. The Borrower shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i) extinguish or impair the Liens on the Authority Revenues or the Borrower’s rights with respect to the WIFIA Debt Service Account granted pursuant to this Agreement, (ii) amend, modify, terminate, assign, replace or supplement, or permit a waiver of any provision of, any WIFIA IPA,
No Lien Extinguishment or Adverse Amendments. The District shall not, and shall not permit any Person to, without the prior written consent of the WIFIA Lender, (i) extinguish or impair the Liens on the Pledged Collateral granted pursuant to any WIFIA IPA, (ii) amend, modify, terminate, assign, replace or supplement, or permit a waiver of any provision of, any WIFIA IPA, (iii) amend, modify, replace or supplement any Related Document to which the District is a party (other than any WIFIA IPA) or permit a waiver of any provision thereof in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to result in a Material Adverse Effect, or (iv) terminate or assign any Related Document to which the District is a party (other than any WIFIA IPA) in a manner that could adversely affect the WIFIA Lender or could reasonably be expected to have a Material Adverse Effect. The District shall not take or omit to take any action under any contract if the effect of such act or failure to act would in any manner impair or adversely affect the ability of the District to secure adequate Revenues to meet the requirements of the WIFIA IPAs.
