Common use of Optional Payments and Modifications of Certain Debt Instruments Clause in Contracts

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Permitted Subordinated Debt or any Permitted Refinancing Indebtedness incurred in respect of any of the foregoing; provided that the Borrower may pay, prepay, repurchase or redeem any of the foregoing Indebtedness, (I) pursuant to a refinancing thereof with Permitted Refinancing Indebtedness (to the extent permitted by Section 6.1), or (II) if the Consolidated Senior Secured Debt Ratio as of the last day of the most recent Fiscal Quarter for which financial statements have been delivered pursuant to Section 5.1 (after giving pro forma effect to such Indebtedness) is equal to or less than the Required Consolidated Senior Secured Debt Ratio; (b) amend, modify, waive or otherwise change, or consent or agree to any material amendment, modification, waiver or other change to, any of the terms of any Indebtedness described in clause (i) above or any preferred stock that is materially adverse to the interests of the Lenders; or (c) designate any Indebtedness (other than obligations of the Group Members pursuant to the Loan Documents and the Revolving Facility Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any Indebtedness described in clause (i) above that is subordinated to the Obligations;

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any Permitted Subordinated Debt or any Permitted Refinancing Indebtedness incurred in respect of any of the foregoing; provided that the Borrower may pay, prepay, repurchase or redeem any of the foregoing Indebtedness on any Threshold Transaction Date; provided, further, that the Borrower may pay, prepay, repurchase or redeem any of the foregoing Indebtedness, (I) pursuant to a refinancing thereof with Permitted Refinancing Indebtedness (to the extent permitted by Section 6.1), or (II) if the Consolidated Senior Secured Debt Ratio as of the last day of the most recent Fiscal Quarter for which financial statements have been delivered pursuant to Section 5.1 (after giving pro forma effect to such Indebtedness) is equal to or less than the Required Consolidated Senior Secured Debt Ratio; (b) amend, modify, waive or otherwise change, or consent or agree to any material amendment, modification, waiver or other change to, any of the terms of any Indebtedness described in clause (i) above or any preferred stock that is materially adverse to the interests of the Lenders; or (c) designate any Indebtedness (other than obligations of the Group Members pursuant to the Loan Documents and the Revolving Term Facility Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any Indebtedness described in clause (i) above that is subordinated to the Obligations;.

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Material Indebtedness (other than from the Net Cash Proceeds of Indebtedness permitted by Section 7.2(f) or (g)); (b) make any Permitted Subordinated Debt or any Permitted Refinancing Indebtedness incurred in respect of any of the foregoing; provided that the Borrower may paypayment, prepayprepayment, repurchase or redeem any redemption of the foregoing Indebtedness, (I) or otherwise defease or segregate funds with respect to Material Indebtedness consisting of long-term Indebtedness issued pursuant to a refinancing thereof with Permitted Refinancing Section 7.2(f) (other than from the Net Cash Proceeds of Indebtedness (issued pursuant to the extent permitted by Section 6.17.2(f)) unless, or (II) if after giving effect thereto, the Consolidated Senior Secured Debt Ratio Leverage Ratio, determined on a Pro Forma Basis as of the last day of the most recent Fiscal Quarter for which financial statements have been delivered pursuant to Section 5.1 (after giving pro forma effect to such Indebtedness) is Relevant Reference Period, shall be less than or equal to or less than the Required Consolidated Senior Secured Debt Ratio2.0:1.0; (bc) amend, modify, waive or otherwise change, or consent or agree to any material amendment, modification, waiver or other change to, any of the terms of any Material Indebtedness described in clause (i) above or any preferred stock a manner that is materially adverse to the interests Lenders; (d) amend, modify, waive or otherwise change any of the terms of any preferred stock issued by a Group Member to a Person other than a Group Member in a manner that is materially adverse to the Lenders; or (ce) designate any subordinated Indebtedness (other than obligations of the Group Members Loan Parties pursuant to the Loan Documents and the Revolving Facility Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any Indebtedness described in clause (i) above that is subordinated to the Obligations;).

Optional Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment, prepayment, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to Material Indebtedness (other than from the Net Cash Proceeds of Indebtedness permitted by Section 7.2(f) or (g)); (b) make any Permitted Subordinated Debt or any Permitted Refinancing Indebtedness incurred in respect of any of the foregoing; provided that the Borrower may paypayment, prepayprepayment, repurchase or redeem any redemption of the foregoing Indebtedness, (I) or otherwise defease or segregate funds with respect to Material Indebtedness consisting of long-term Indebtedness issued pursuant to a refinancing thereof with Permitted Refinancing Section 7.2(f) (other than from the Net Cash Proceeds of Indebtedness (issued pursuant to the extent permitted by Section 6.17.2(f)) unless, or (II) if after giving effect thereto, the Consolidated Senior Secured Debt Ratio Leverage Ratio, determined on a Pro Forma Basis as of the last day of the most recent Fiscal Quarter for which financial statements have been delivered pursuant to Section 5.1 (after giving pro forma effect to such Indebtedness) is Relevant Reference Period, shall be less than or equal to or less than the Required Consolidated Senior Secured Debt Ratio2.75:1.00; (bc) amend, modify, waive or otherwise change, or consent or agree to any material amendment, modification, waiver or other change to, any of the terms of any Material Indebtedness described in clause (i) above or any preferred stock a manner that is materially adverse to the interests Lenders; (d) amend, modify, waive or otherwise change any of the terms of any preferred stock issued by a Group Member to a Person other than a Group Member in a manner that is materially adverse to the Lenders; or (ce) designate any subordinated Indebtedness (other than obligations of the Group Members Loan Parties pursuant to the Loan Documents and the Revolving Facility Documents) as “Designated Senior Indebtedness” (or any other defined term having a similar purpose) for the purposes of any Indebtedness described in clause (i) above that is subordinated to the Obligations;).