Common use of Prepayments of Indebtedness, etc Clause in Contracts

Prepayments of Indebtedness, etc. None of the Credit Parties will (a) after the issuance thereof, amend, waive or modify (or permit the amendment, waiver or modification of) any of the terms, agreements, covenants or conditions of or applicable to any Indebtedness issued by such Credit Party if such amendment, waiver or modification would add or change any terms, agreements, covenants or conditions in a manner adverse to any Credit Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, (b) if any Default or Event of Default has occurred and is continuing or would exist after giving effect to such payment on a pro forma basis as if it had been made on the first day of the most recently completed period of four consecutive fiscal quarters of the Borrower, directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the terms and conditions applicable thereto or (c) release, cancel, compromise or forgive in whole or in part the Indebtedness evidenced by the Intercompany Notes.

Prepayments of Indebtedness, etc. None of the Credit Consolidated Parties will (a) after the issuance thereof, amend, waive or modify (or permit the amendment, waiver or modification of) any of the terms, agreements, covenants or conditions of or applicable to any Indebtedness issued by such Credit Consolidated Party if such amendment, waiver or modification would add or change any terms, agreements, covenants or conditions in a manner adverse to any Credit Consolidated Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (b) if any Default or Event of Default has occurred and is continuing or would exist after giving effect to such payment on a pro forma basis as if it had been made on the first day of the most recently completed period of four consecutive fiscal quarters of the Borrower, directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Consolidated Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the terms term and conditions applicable thereto to such Indebtedness, including, without limitation, any Indebtedness arising under the Senior Note Agreement and the Senior Notes or any Indebtedness arising under the Subordinated Note or (c) release, cancel, compromise or forgive in whole or in part the Indebtedness evidenced by the Intercompany Notes.

Prepayments of Indebtedness, etc. None of the Credit Consolidated Parties will (a) after the issuance thereof, amend, waive or modify (or permit the amendment, waiver or modification of) any of the terms, agreements, covenants or conditions of or applicable to any Indebtedness issued by such Credit Consolidated Party if such amendment, waiver or modification would add or change any terms, agreements, covenants or conditions in a manner adverse to any Credit Consolidated Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (b) if any Default or Event of Default has occurred and is continuing or would exist after giving effect to such payment on a pro forma basis as if it had been made on the first day of the most recently completed period of four consecutive fiscal quarters of the Borrower, directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Consolidated Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the terms term and conditions applicable thereto to such Indebtedness, including, without limitation, any Indebtedness arising under the Senior Note Agreement, the Senior Notes, the Junior Subordinated Note or the Senior Subordinated Credit Facility or (c) release, cancel, compromise or forgive in whole or in part the Indebtedness evidenced by the Intercompany Notes.

Prepayments of Indebtedness, etc. None of the Credit Consolidated Parties will (a) after the issuance thereof, amend, waive or modify (or permit the amendment, waiver or modification of) any of the terms, agreements, covenants or conditions of or applicable to any Indebtedness issued by such Credit Consolidated Party if such amendment, waiver or modification would add or change any terms, agreements, covenants or conditions in a manner adverse to any Credit Consolidated Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, or (b) if any Default or Event of Default has occurred and is continuing or would exist after giving effect to such payment on a pro forma basis as if it had been made on the first day of the most recently completed period of four consecutive fiscal quarters of the Borrower, directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Consolidated Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the terms term and conditions applicable thereto to such Indebtedness, including, without limitation, any Indebtedness arising under the Senior Note Agreement and the Senior Notes or any Indebtedness arising under the Junior Subordinated Note or (c) release, cancel, compromise or forgive in whole or in part the Indebtedness evidenced by the Intercompany Notes."

Prepayments of Indebtedness, etc. None of the Credit Parties will (a) after the issuance thereof, amend, waive or modify (or permit the amendment, waiver or modification of) any of the terms, agreements, covenants or conditions of or applicable to any Indebtedness issued by such Credit Party if such amendment, waiver or modification would add or change any terms, agreements, covenants or conditions in a manner adverse to any Credit Party, or shorten the final maturity or average life to maturity or require any payment to be made sooner than originally scheduled or increase the interest rate applicable thereto or change any subordination provision thereof, (b) if any Default or Event of Default has occurred and is continuing or would exist after giving effect to such payment on a pro forma basis as if it had been made on the first day of the most recently completed period of four consecutive fiscal quarters of the Borrower, directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the terms term and conditions applicable thereto (including, without limitation, any Indebtedness arising under the Subordinated Note Documents and Indebtedness, if outstanding, created on conversion of the Mandatory Redeemable Preferred Stock), (c) at any time prior to the consummation of a Qualified Initial Public Offering, except to the extent permitted pursuant to Section 7.7(e), directly or indirectly redeem, purchase, pay or prepay, retire, defease or otherwise acquire for value, prior to scheduled maturity, scheduled repayment or scheduled sinking fund payment, any Indebtedness (other than Credit Obligations), or set aside any funds for such purpose, whether such redemption, purchase, prepayment, retirement or acquisition is made at the option of any Credit Party or at the option of the holder thereof, and whether or not any such redemption, purchase, prepayment, retirement or acquisition is required under the term and conditions applicable thereto (including, without limitation, any Indebtedness arising under the Subordinated Note Documents and Indebtedness, if outstanding, created on conversion of the Mandatory Redeemable Preferred Stock), or (cd) release, cancel, compromise or forgive in whole or in part the Indebtedness evidenced by the Intercompany Notes.