Payments and Modifications of Certain Debt Instruments. (i) Make any optional or mandatory prepayment, repayment, redemption or repurchase with respect to the principal amount of any Indebtedness permitted by Section 9.2 that is subordinated in right of payment to the Obligations (a “Junior Financing”) or (ii) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Junior Financing that would shorten the maturity or obligate any Loan Party to make a repayment, prepayment or redemption of such Junior Financing prior to the date that is 180 days after the Latest Maturity Date, except in each case:
Payments and Modifications of Certain Debt Instruments. The Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, (a) make or offer to make any optional payment, prepayment, repurchase or redemption of or otherwise optionally defease or segregate funds with respect to any Subordinated Indebtedness (other than interest payments expressly required by the terms thereof), (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any other Subordinated Indebtedness (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee or that otherwise would not adversely affect the interests of the Lenders in any manner).
Payments and Modifications of Certain Debt Instruments. Preferred Stock and Company Documents. (a) Make or offer to make any payment, ------------------------------------- prepayment, repurchase or redemption of or otherwise defease or segregate funds with respect to Senior Notes or any Permitted Debt Refinancing incurred to refinance the Increasing Rate Term Loan Facility other than interest payments expressly required by the terms thereof, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Senior Note Indenture, or the Increasing Rate Term Loan Facility or any Indebtedness assumed or issued to replace or refinance the Increasing Rate Term Loan Facility or Revolving Loan Facility (including any Permitted Debt Refinancing) but other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee, (c) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the New Preferred Stock in a manner which (x) would increase the amount of Dividends or shorten the time of payments thereon, shorten the time for any scheduled redemption, or increase the amount thereof or add any additional rights to the holders thereof to receive mandatory redemptions or add covenants restricting the operations of the Borrower and its Subsidiaries (other than Special Purpose Subsidiaries) or (y) would be reasonably likely to be materially adverse to the Lenders or (d) amend, modify or change its certificate of incorporation or articles of incorporation (including, without limitation, by the filing or modification of any certificate of designation) articles of association or certificate of formation limited liability company agreement by-laws (or the equivalent organizational documents) which would be reasonably likely to be materially adverse to the Lenders."
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 (all such actions, collectively, “Prepayments”) with respect to any Convertible Securities or Subordinated Indebtedness, except the Borrower or any Subsidiary may optionally or voluntarily Prepay any Convertible Securities or Subordinated Indebtedness if:
Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment or prepayment of principal, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any unsecured Indebtedness or any Subordinated Indebtedness, other than (i) with the Declined Prepayment Amount to the extent that it has not otherwise been applied by the Borrower to make any payment of any other Indebtedness of the Group Members and (ii) in an amount equal to the Available Amount; provided that no payment of Subordinated Indebtedness (including any scheduled payments of principal or interest) shall be permitted if an Event of Default has occurred and is continuing or if such payment is otherwise in violation of the subordination provisions of such Subordinated Indebtedness.
Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any Repurchase of the outstanding Loans or the Public Notes on a non pro-rata basis (based on the then respective outstanding principal amounts thereof), except Repurchases made after the date that is thirty (30) days after the Closing Date if:
Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any optional or voluntary payment or prepayment of principal, repurchase or redemption of or otherwise optionally or voluntarily defease or segregate funds with respect to any unsecured Indebtedness or any Subordinated Indebtedness, other than (i) with the Declined Prepayment Amount to the extent that it has not otherwise been applied by the Borrower to make any payment of any other Indebtedness of the Group Members, (ii) intercompany Indebtedness among Loan Parties, (iii) intercompany Indebtedness among Subsidiaries that are not Loan Parties, (iv) payments by a Subsidiary that is not a Loan Party in respect of Indebtedness owed to a Loan Party, (v) any cash settlement elected to be delivered by the Borrower upon the conversion of Convertible Securities in accordance with its terms and (vi) in an amount equal to the Available Amount; provided that no payment of Subordinated Indebtedness (including any scheduled payments of principal or interest) shall be permitted if an Event of Default has occurred and is continuing or if such payment is otherwise in violation of the subordination provisions of such Subordinated Indebtedness; provided further that no payment of Subordinated Indebtedness (including any scheduled payments of principal or interest) shall be permitted pursuant to clause (vi) above unless immediately after giving effect to the making of such payment, the Consolidated First Lien Net Leverage Ratio shall be equal to or less than the ratio required pursuant to Section 7.1(a) for the most recently ended fiscal quarter, such compliance to be determined (x) on the basis of the financial information most recently delivered to the Administrative Agent and the Lenders pursuant to Section 6.1(a) or (b).
Payments and Modifications of Certain Debt Instruments. (a) Make or offer to make any payment, prepayment, repurchase or redemption of or otherwise defease or segregate funds with respect to the principal amount of the Senior Subordinated Notes, other than (i) redemption of the Senior Subordinated Notes so long as, after giving effect thereto, the Basket Amount shall not be less than zero and (ii) in addition, redemption's of $18,000,000 aggregate principal amount of the Senior Subordinated Notes, provided that, in each case, no Default or Event of Default shall have occurred and be continuing or would occur after giving effect thereto, (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of the Senior Subordinated Notes (other than any such amendment, modification, waiver or other change that (i) would not be materially adverse to the interests of the Lenders and (ii) does not involve the payment of a consent fee), or (c) designate any Indebtedness (other than obligations of the Loan Parties pursuant to the Loan Documents) as "Designated Senior Indebtedness" (or any comparable concept) for the purposes of the Senior Subordinated Note Indenture.
Payments and Modifications of Certain Debt Instruments. . viii) 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 the 5.00% Secured Senior Notes, the Secured Senior Notes or any Subordinated Indebtedness other than in connection with a refinancing thereof permitted by Section 7.2(m) unless (i) the Consolidated Net Leverage Ratio, calculated on a pro forma basis after giving effect to such prepayment, redemption or purchase for the four most-recent fiscal quarters shall not be more than 3.50 to 1.00 and (ii) no Default or Event of Default shall then exist or would exist after giving effect thereto or (b) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any of the 5.00% Secured Senior Notes or the Secured Senior Notes to the extent that such amendment, modification, waiver or change could reasonably be expected to be adverse in any material respect to the Lenders.
Payments and Modifications of Certain Debt Instruments. The Borrower will not, and will not permit any of its Subsidiaries to, directly or indirectly, (a) make or offer to make any optional payment, prepayment, repurchase or redemption of or otherwise optionally defease or segregate funds with respect to any Subordinated Indebtedness (other than payments expressly required by the terms thereof), (b) make or offer to make any optional payment, prepayment, repurchase or redemption of or otherwise optionally defease or segregate funds with respect to any 2007 Senior Notes (other than payments expressly required by the terms thereof) prior to the maturity thereof, (c) make or offer to make any optional payment, prepayment, repurchase or redemption of or otherwise optionally defease or segregate funds with respect to any 2009 Senior Notes (other than payments expressly required by the terms thereof) prior to June 30, 2007 or (d) amend, modify, waive or otherwise change, or consent or agree to any amendment, modification, waiver or other change to, any of the terms of any Subordinated Indebtedness (other than any such amendment, modification, waiver or other change that (i) would extend the maturity or reduce the amount of any payment of principal thereof or reduce the rate or extend any date for payment of interest thereon and (ii) does not involve the payment of a consent fee or that otherwise would not adversely affect the interests of the Lenders in any material respect).
