Subordinated Debt Prepayments; Amendments Sample Clauses
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, prepay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt prior to the originally scheduled maturity or due date thereof or otherwise redeem or acquire for value any Subordinated Debt prior to its maturity. Further, the Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend or modify, or permit the amendment or modification of, any agreement or instrument evidencing any Subordinated Debt where such amendment or modification provides for the following or which has any of the following effects:
(a) amends any financial or other covenant contained in any document or instrument evidencing any Subordinated Debt in a manner which is more onerous to the Borrower or such Subsidiary or which requires the Borrower or such Subsidiary to improve its financial performance; or
(b) if immediately prior to or after giving effect thereto a Default or Event of Default is or would be in existence:
(i) increases the rate of interest accruing on such Subordinated Debt;
(ii) increases the amount of any scheduled installment of principal or interest, or shortens the date on which any such installment or principal or interest becomes due;
(iii) shortens the final maturity date of such Subordinated Debt;
(iv) increases the principal amount of such Subordinated Debt;
(v) provides for the payment of additional fees or the increase in existing fees; and/or
(vi) otherwise could reasonably be expected to be adverse to the interests of the Administrative Agent or the Lenders.
Subordinated Debt Prepayments; Amendments. 81 Section 10.9. Transactions with Affiliates. 82 Section 10.10. Environmental Matters. 82 Section 10.11. Derivatives Contracts. 82 ARTICLE XI. DEFAULT 82
Subordinated Debt Prepayments; Amendments. 115 Section 10.9. Transactions with Affiliates. ................................................................... 116 Section 10.10. Environmental Matters............................................................................ 117 Section 10.11. Derivatives Contracts. ............................................................................. 117
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, pay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt or otherwise redeem or acquire for value any Subordinated Debt or otherwise guaranty any Subordinated Debt; provided, however, (i) the Borrower may make scheduled payments of interest due with respect to any Subordinated Debt and
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party to, prepay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt prior to the originally scheduled maturity date thereof or otherwise redeem or acquire for value any Subordinated Debt. Further, the Borrower shall not, and shall not permit any other Loan Party to, amend or modify, or permit the amendment or modification of, any agreement or instrument evidencing any Subordinated Debt where such amendment or modification provides for the following or which has any of the following effects:
(a) increases the rate of interest accruing on such Subordinated Debt;
(b) increases the amount of any scheduled installment of principal or interest, or shortens the date on which any such installment or principal or interest becomes due;
(c) shortens the final maturity date of such Subordinated Debt;
(d) increases the principal amount of such Subordinated Debt;
(e) amends any financial or other covenant contained in any document or instrument evidencing any Subordinated Debt in a manner which is more onerous to the Borrower or which requires the Borrower to improve its financial performance;
(f) provides for the payment of additional fees or the increase in existing fees; and/or
(g) otherwise could reasonably be expected to be adverse to the interests of the Administrative Agent or the Lenders.
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, prepay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt prior to the originally scheduled maturity date thereof or otherwise redeem or DB1/ 113000430.10 acquire for value any Subordinated Debt, in each case, other than as expressly permitted pursuant to the applicable subordination provisions. Further, except as expressly permitted pursuant to the applicable subordination provisions, the Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend or modify, or permit the amendment or modification of, any agreement or instrument evidencing any Subordinated Debt where such amendment or modification provides for the following or which has any of the following effects:
(a) increases the rate of interest accruing on such Subordinated Debt;
(b) increases the amount of any scheduled installment of interest, or shortens the date on which any such installment of interest becomes due;
(c) shortens the weighted average life to maturity of such Subordinated Debt;
(d) increases the principal amount of such Subordinated Debt, unless after giving effect to such increase in principal amount, no Event of Default shall exist;
(e) amends any financial or other covenant contained in any document or instrument evidencing any Subordinated Debt in a manner which is more onerous to the Borrower or such Subsidiary than the provisions of the Loan Documents;
(f) provides for the payment of additional fees or the increase in existing fees; and/or
(g) otherwise could reasonably be expected to be materially adverse to the interests of the Administrative Agent or the Lenders.
Subordinated Debt Prepayments; Amendments. 92107 Section 10.6 Permitted Indebtedness. 93108 Section 10.7 Plans. 95110 Section 10.8 Fiscal Year. 95110
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, pay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt or otherwise redeem or acquire for value any Subordinated Debt or otherwise guaranty any Subordinated Debt; provided, however, the Borrower may make scheduled payments of interest due with respect to any Subordinated Debt. Further, the Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend or modify, or permit the amendment or modification of, any agreement or instrument evidencing the Subordinated Debt where such amendment or modification provides for the following or which has any of the following effects:
(a. increases the rate of interest accruing on such Subordinated Debt;
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, prepay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt prior to the originally scheduled maturity or due date thereof or otherwise redeem or acquire for value any Subordinated Debt prior to its maturity. Further, the Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend or modify, or
Subordinated Debt Prepayments; Amendments. The Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, prepay any principal of, or accrued interest on, any Subordinated Debt or otherwise make any voluntary or optional payment with respect to any principal of, or accrued interest on, any Subordinated Debt prior to the originally scheduled maturity date thereof or otherwise redeem or DB1/ 113000430.10 acquire for value any Subordinated Debt, in each case, other than as expressly permitted pursuant to the applicable subordination provisions. Further, except as expressly permitted pursuant to the applicable subordination provisions, the Borrower shall not, and shall not permit any other Loan Party or other Subsidiary to, amend or modify, or permit the amendment or modification of, any agreement or instrument evidencing any Subordinated Debt where such amendment or modification provides for the following or which has any of the following effects:
(a) increases the rate of interest accruing on such Subordinated Debt;
(b) increases the amount of any scheduled installment of interest, or shortens the date on which any such installment of interest becomes due;
(c) shortens the weighted average life to maturity of such Subordinated Debt;
(d) increases the principal amount of such Subordinated Debt, unless after giving effect to such increase in principal amount, no Event of Default shall exist;
(e) amends any financial or other covenant contained in any document or instrument evidencing any Subordinated Debt in a manner which is more onerous to the Borrower or such Subsidiary than the provisions of the Loan Documents;
(f) provides for the payment of additional fees or the increase in existing fees; and/or
(g) otherwise could reasonably be expected to be materially adverse to the interests of the Administrative Agent or the Lenders.