|
|
 | | | |
- close
- close
- close
- close
| |||||||||
This excerpt taken from the CVS 8-K filed Mar 23, 2007. Amendments,
Waivers, Etc.
With the written
consent of the Required
Lenders, the Administrative Agent and the Borrower may, from time to time,
enter
into written amendments, supplements or modifications of
57 the Loan Documents
and,
with the written consent of the Required Lenders, the Administrative Agent
on
behalf of the Lenders may execute and deliver to any such parties a written
instrument waiving or consenting to the departure from, on such terms and
conditions as the Administrative Agent may specify in such instrument, any
of
the requirements of the Loan Documents or any Default or Event of Default and
its consequences, provided
that
no such amendment,
supplement, modification, waiver or consent shall (i) increase the Commitment
Amount of any Lender without the consent of such Lender (provided
that no waiver of a Default or Event of
Default shall be deemed to constitute such an increase), (ii) extend the
Commitment Period without the consent of each Lender directly affected thereby,
(iii) reduce the amount, or extend the time of payment, of the Fees without
the
consent of each Lender directly affected thereby, (iv) reduce the rate, or
extend the time of payment of, interest on any Revolving Credit Loan, any Note
or any Reimbursement Obligation (other than the applicability of any
post-default increase in such rate of interest) without the consent of each
Lender directly affected thereby, (v) reduce the amount, or extend the time
of
payment of any payment of any Reimbursement Obligation or principal on any
Revolving Credit Loan or any Note without the consent of each Lender directly
affected thereby, (vi) decrease or forgive the principal amount of any Revolving
Credit Loan, any Note or any Reimbursement Obligation without the consent of
each Lender directly affected thereby, (vii) consent to any assignment or
delegation by the Borrower of any of its rights or obligations under any Loan
Document without the consent of each Lender, (viii) change the provisions of
this Section 11.1 without the consent of each Lender, (ix) change the definition
of Required Lenders without the consent of each Lender, (x) change the several
nature of the obligations of the Lenders without the consent of each Lender,
(xi) change the sharing provisions among Lenders without the consent of each
Lender, or (xii) extend the expiration date of a Letter of Credit beyond the
Commitment Termination Date without the consent of each Lender. Notwithstanding
the foregoing, no such amendment, supplement, modification, waiver or consent
shall (A) amend, modify or waive any provision of Section 10 or otherwise change
any of the rights or obligations of the Administrative Agent, the Issuer or
the
Swing Line Lender under any Loan Document without the written consent of the
Administrative Agent, the Issuer or the Swing Line Lender, as the case may
be,
(B) change the Letter of Credit Commitment, change the amount or the time of
payment of the Letter of Credit Commissions, or change any other term or
provision which relates to the Letter of Credit Commitment or the Letters of
Credit without the written consent of the Issuer, (C) change the Swing Line
Commitment, change the amount or the time of payment of the Swing Line Loans
or
interest thereon or change any other term or provision which relates to the
Swing Line Commitment or the Swing Line Loans without the written consent of
the
Swing Line Lender or (D) change the amount or the time of payment of any
Competitive Bid Loan or interest thereon without the written consent of the
Lender holding such Competitive Bid Loan. Any such amendment, supplement,
modification, waiver or consent shall apply equally to each of the Lenders
and
shall be binding upon the parties to the applicable Loan Document, the Lenders,
the Administrative Agent and all future holders of the Loans and the Notes
and
the Reimbursement Obligations. In the case of any waiver, the Borrower, the
Lenders and the Administrative Agent shall be restored to their former position
and rights under the Loan Documents, but any Default or Event of Default waived
shall not extend to any subsequent or other Default or Event of Default, or
impair any right consequent thereon.
58 11.2 |
| |||||||
