Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender.
Appears in 7 contracts
Samples: Credit Agreement (Polycom Inc), Credit Agreement (Neustar Inc), Credit Agreement (Affirmative Insurance Holdings Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by Senior Lender, the Administrative Agent, each affected Subordinated Borrower Debtors and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from Senior Lender.
Appears in 4 contracts
Samples: Intercreditor and Subordination Agreement (Industrial Services of America Inc), Intercreditor and Subordination Agreement (Industrial Services of America Inc), Intercreditor and Subordination Agreement (Industrial Services of America Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated the Borrower and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderHolder Representative.
Appears in 3 contracts
Samples: Patent Security Agreement (Turning Point Brands, Inc.), Assignment and Assumption (Turning Point Brands, Inc.), Assignment and Assumption (Turning Point Brands, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated the Borrower and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by facsimile transmission from the Senior Lender.
Appears in 3 contracts
Samples: Subordination Agreement (Mei Holdings L P), Subordination Agreement (Mei Genpar Lp), Subordination Agreement (Mei Genpar Lp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender.
Appears in 3 contracts
Samples: Guarantee and Collateral Agreement (Fairway Group Holdings Corp), Credit Agreement (Fairway Group Holdings Corp), Security Agreement and Financing Statement (Fairway Group Holdings Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Lenders, or by the Administrative Agent with the written consent of the Required Lenders, and each affected Subordinated Lender.
Appears in 3 contracts
Samples: Credit Agreement (Enviva Partners, LP), Revolving Credit Agreement (Dynegy Inc.), Credit Agreement (Enviva Partners, LP)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower the Borrowers, the Guarantor and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender.
Appears in 2 contracts
Samples: Intercreditor and Subordination Agreement (Edac Technologies Corp), Intercreditor and Subordination Agreement (Edac Technologies Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Collateral Agent, each affected the Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender.
Appears in 2 contracts
Samples: Subordination Agreement (EVO Transportation & Energy Services, Inc.), Subordination Agreement (EVO Transportation & Energy Services, Inc.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower Issuer and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender.
Appears in 2 contracts
Samples: Intercreditor and Subordination Agreement (Tel Instrument Electronics Corp), Intercreditor and Subordination Agreement (Tel Instrument Electronics Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower the Borrowers and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Agent or the Senior Lenders in a letter or agreement executed by the Required Agent or the Senior Lenders and each affected Subordinated Lenderor by telex or facsimile transmission from the Agent or the Senior Lenders.
Appears in 2 contracts
Samples: Tweeter Trust Subordination Agreement (Tweeter Home Entertainment Group Inc), Credit Agreement (Tweeter Home Entertainment Group Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated the Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender.
Appears in 2 contracts
Samples: Subordination Agreement (Primal Solutions Inc), Subordination Agreement (Primal Solutions Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated the Borrower and each affected Subordinated LenderHolder; provided that any provision of this Agreement may be waived by the Agent and the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderAgent or by telex or facsimile transmission from the Agent.
Appears in 2 contracts
Samples: Intercreditor and Subordination Agreement (Rockefeller Center Properties Inc), Intercreditor and Subordination Agreement (Rcpi Trust /De/)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated the Borrower and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders (or the Administrative Agent on behalf of and each affected with the consent of the Required Lenders) and the Subordinated Lender.
Appears in 2 contracts
Samples: Credit Agreement (Grubb & Ellis Co), Subordination Agreement (Grubb & Ellis Co)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Borrower and the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Administrative Agent and the Lenders in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lenderdelivered to the Borrower in accordance with Section 14.
Appears in 2 contracts
Samples: Timberlands Pledge Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower Agent and each affected Subordinated Lenderthe Parent; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderLenders.
Appears in 2 contracts
Samples: Execution Copy (Dex Media Inc), Agreement (Dex Media Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower Credit Party and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower the Borrowers, Holding Co. and each affected Subordinated LenderCreditor; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Cambridge Holdings LTD)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified modified, except by a written instrument executed by the Administrative AgentSenior Lenders, each affected Subordinated the Borrower and each affected the Subordinated LenderNoteholder; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Senior Lenders and each affected Subordinated Lenderor by telex or facsimile transmission from the Senior Lenders.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (Prison Realty Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated the Lender; , provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender or by facsimile transmission from the Lender.
Appears in 1 contract
Samples: Borrower Stock Pledge Agreement (Sight Resource Corp)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Lenders, or by the Agent with the written consent of the Required Lenders, and each affected Subordinated Lender.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Collateral Agent, each affected Subordinated Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Lenders, or by the Collateral Agent with the written consent of the Required Lenders, and each affected Subordinated Lender.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Enviva Partners, LP)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative AgentSenior Lender, each affected Subordinated Borrower the Debtors and each affected the Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Senior Lender or by telex or facsimile transmission from the Senior Lender.
Appears in 1 contract
Samples: Intercreditor and Subordination Agreement (XZERES Corp.)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) 1. None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, the Collateral Agent, each affected Subordinated Borrower and each affected Subordinated Lender; , provided that any provision of this Agreement may be waived by the Senior Lenders Secured Parties in a letter or agreement executed by the Required Lenders Collateral Agent, the Administrative Agent and each affected Subordinated Lender.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower Guarantor and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders Bank Secured Parties in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender.
Appears in 1 contract
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated Lender; , provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders Administrative Agent and each affected Subordinated Lender.
Appears in 1 contract
Samples: Credit Agreement (Palm Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Agent, each affected Subordinated Borrower and each affected Subordinated the Lender; , provided that any provision of this Agreement for the benefit of the Lender may be waived by the Senior Lenders Lender in a letter or agreement executed by the Required Lenders and each affected Subordinated Lender or by telex or facsimile transmission from the Lender.
Appears in 1 contract
Samples: Credit Agreement (Actava Group Inc)
Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the Administrative Senior Agent, each affected Subordinated the Borrower and each affected Subordinated Lender; provided that any provision of this Agreement may be waived by the Senior Lenders in a letter or agreement executed by the Required Lenders and each affected Subordinated LenderCreditor.
Appears in 1 contract
