Seller Notes. The Company shall not, and shall cause the Management Company not to, enter into or permit any affiliate of any of them to enter into any amendment of the Seller Notes without the prior written consent of the Holders of not less than a majority in aggregate principal amount of the outstanding Preferred Securities; provided, that the Guarantor, the Management Company, the Company and/or any affiliate of any of them may amend any of the Seller Notes without obtaining such consent if (i) such amendment does not increase the interest rate or shorten the maturity of such Seller Notes and (ii) the terms of such amendment, taken as a whole, do not result in a material adverse change to the Management Company, the Company or their respective businesses or the holders of the Preferred Securities. Notwithstanding the foregoing, the Company may permit the issuer of the Seller Notes to make payments in kind, in lieu of interest, provided that any payments in kind made will be included in the calculation of the Maximum Indebtedness described in Section 10.9(c).
Appears in 3 contracts
Sources: Supplemental Indenture (Deerfield Capital Corp.), Supplemental Indenture (Deerfield Capital Corp.), Supplemental Indenture (Deerfield Capital Corp.)