Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, amend or otherwise modify any Material Contract, if such amendment or modification could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder or its ability to enforce the same.
Appears in 3 contracts
Samples: Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.), Credit, Security and Guaranty Agreement (Alphatec Holdings, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (a) amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (i) is contrary to the terms of this Agreement or any other Financing Document; or (ii) could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder Agent or its the Lenders or their ability to enforce the same, or (b) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 3 contracts
Samples: Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Sientra, Inc.), Credit and Security Agreement (Sientra, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, amend or otherwise modify any Material Contract, if such which amendment or modification could in any case: (a) is contrary to the terms of this Agreement or any other Financing Document; or (b) would reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder Agent or its the Lenders or their ability to enforce the same.
Appears in 2 contracts
Samples: Credit and Security Agreement (Treace Medical Concepts, Inc.), Credit and Security Agreement (Treace Medical Concepts, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (a) is contrary to the terms of this Agreement or any other Financing Document; (b) could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder the Agent or its the Lenders or their ability to enforce the samesame or materially adverse to any Borrower; or (ii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit Agreement (Ellipse Technologies Inc), Credit Agreement (Ellipse Technologies Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (i) is contrary to the terms of this Agreement or any other Financing Document; (ii) could reasonably be expected to be materially adverse to adversely effect the rights, interests or privileges of Lender hereunder Agent or its the Lenders or their ability to enforce the same; or (iii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document as required pursuant to the pursuant to the Affiliated Intercreditor Agreement.
Appears in 2 contracts
Samples: Credit and Security Agreement (Sight Sciences, Inc.), Credit and Security Agreement (Sight Sciences, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, amend or otherwise modify any Material Contract, if such Contract which amendment or modification could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder or its ability to enforce the same.in any case:
Appears in 2 contracts
Samples: Credit Agreement (Cyberonics Inc), Credit Agreement (Valera Pharmaceuticals Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (a) is contrary to the terms of this Agreement or any other Financing Document; or (b) could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder Agent or its the Lenders or their ability to enforce the same, or (ii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Novadaq Technologies Inc), Credit and Security Agreement (Novadaq Technologies Inc)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, (i) amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (a) is contrary to the terms of this Agreement or any other Financing Document and (b) could reasonably be expected to be materially adverse to the rights, interests or privileges of Lender hereunder Agent or its the Lenders or their ability to enforce the same, or (ii) without the prior written consent of Agent, amend or otherwise modify any Affiliated Financing Document.
Appears in 2 contracts
Samples: Credit and Security Agreement (Invuity, Inc.), Credit and Security Agreement (Invuity, Inc.)
Modification of Certain Agreements. No Borrower will, or will permit any Subsidiary to, directly or indirectly, amend or otherwise modify any Material Contract, if such which amendment or modification in any case: (a) is contrary to the terms of this Agreement or any other Financing Document; (b) could reasonably be expected to be materially adverse in any material respect to the rights, interests or privileges of Lender hereunder Agent or its Lenders or any Borrower or their ability to enforce the samesame (it being understood and agreed that any such determination shall be in the discretion of Agent).
Appears in 1 contract
