Common use of QUIPS Clause in Contracts

QUIPS. The Company and its Subsidiaries will not modify or amend the terms of the indenture under which the QUIPS Debentures are issued and any related documents without the consent of the Majority Banks, if the effect of such modification or amendment would be to shorten the maturity to less than August 13, 2009 on any QUIPS Debenture, increase the aggregate principal amount of the QUIPS Debentures above $149,000,000, increase the rate of interest on any QUIPS Debenture or change the method of calculating interest so as to effectively increase the rate of interest on any QUIPS Debenture, change any of the provisions of subordination, the covenants and events of default and any of the definitions used in or relating thereto, or any other provisions which would detrimentally affect the rights of the Banks. The Company and its Subsidiaries will not modify or amend the terms of the QUIPS or the QUIPS Trust and any related documents, including without limitation, the QUIPS Guaranty, without the consent of the Majority Banks, if the effect of such modification or amendment would be to shorten the maturity to less than August 13, 2009 on any QUIPS, issue additional QUIPS above $144,000,000 in the aggregate for the liquidation preference amount for all QUIPS outstanding, increase the distribution rate on any QUIPS or change the method of calculating the distribution rate so as to effectively increase the distribution rate on any QUIPS, change any of the provisions of subordination, the covenants and events of default and any of the definitions used in or relating thereto, or any other provisions which would detrimentally affect the rights of the Banks.

QUIPS. The Company and its Subsidiaries will not modify or amend the terms of the indenture under which the QUIPS Debentures are issued and any related documents without the consent of the Majority Banks, if the effect of such modification or amendment would be to shorten the maturity to less than August 13, 2009 on any QUIPS DebentureDebentures, increase the aggregate principal amount of the QUIPS Debentures above $149,000,000, increase the rate of interest on any QUIPS Debenture or change the method of calculating interest so as to effectively increase the rate of interest on any QUIPS Debenture, change any of the provisions of subordination, the covenants and events of default and any of the definitions used in or relating thereto, or any other provisions which would detrimentally affect effect the rights of the Banks. The Company and its Subsidiaries will not modify or amend the terms of the QUIPS or the QUIPS Trust and any related documents, including without limitation, the QUIPS Guaranty, without the consent of the Majority Banks, if the effect of such modification or amendment would be to shorten the maturity to less than August 13, 2009 on any QUIPS, issue additional QUIPS above $144,000,000 in the aggregate for the liquidation preference amount for all QUIPS outstanding, increase the distribution rate on any QUIPS or change the method of calculating the distribution rate so as to effectively increase the distribution rate on any QUIPS, change any of the provisions of subordination, the covenants and events of default and any of the definitions used in or relating thereto, or any other provisions which would detrimentally affect effect the rights of the Banks." 6. This Amendment shall become binding on the Banks when, and only when, the Agent shall have received or have been satisfied with each of the following in form and substance satisfactory to the Agent or its counsel: (a) counterparts of this Amendment executed by the Company and the Majority Banks; and