Common use of Amendments in Writing; No Waiver; Cumulative Remedies Clause in Contracts

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 Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 4 contracts

Samples: Pledge Agreement (Homeside Lending Inc), Pledge Agreement (Homeside Lending Inc), Credit Agreement (Bear Island Finance Co Ii)

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Amendments in Writing; No Waiver; Cumulative Remedies. (a) None of the terms or provisions of this Agreement as it affects any Pledgor may be waived, amended, supplemented or otherwise modified except by a written instrument executed by the such Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 3 contracts

Samples: Subsidiaries Pledge Agreement (Sybron International Corp), Subsidiaries Pledge Agreement (Sybron International Corp), Subsidiaries Pledge Agreement (Sybron International 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 Pledgor Parent and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 3 contracts

Samples: Parent Pledge Agreement (Sybron International Corp), Parent Pledge Agreement (Sybron International Corp), Parent Pledge Agreement (Sybron International 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 Pledgor Pledgors and the Administrative Collateral Agent, provided PROVIDED that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in Required Secured Parties pursuant to a letter or agreement executed by the Administrative Collateral Agent or by telex or facsimile telecopy transmission from the Administrative Collateral Agent.

Appears in 3 contracts

Samples: Pledge Agreement (Ucar International Inc), Pledge Agreement (Ucar International Inc), Pledge Agreement (Ucar International 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 Pledgor Pledgors and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 3 contracts

Samples: Pledge Agreement (Speedway Motorsports Inc), Pledge Agreement (Inex Corp), Pledge Agreement (Speedway TBA, 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 Pledgor Pledgors and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and Agent, on behalf of the Lenders Lenders, in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 2 contracts

Samples: Pledge Agreement (MST Enterprises Inc), Pledge Agreement (M & M Properties 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 Pledgor and the Administrative Agentparties, provided provided, that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 2 contracts

Samples: Equity Investment Agreement (Specialty Foods Acquisition Corp), Equity Investment Agreement (Specialty Foods 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 each affected Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders Secured Parties in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 2 contracts

Samples: Pledge Agreement (Avis Rent a Car Inc), Credit Agreement (Avis Rent a Car 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 Pledgor Pledgors and the Administrative Agent, provided that any -------- provision of this Agreement may be waived by the Administrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 2 contracts

Samples: Stock Pledge Agreement (Gem Nevada LLC), Stock Pledge Agreement (Gem Nevada LLC)

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 Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 2 contracts

Samples: Credit Agreement (Adelphia Communications Corp), Execution Copy Cash Collateral Agreement (Reliant Building Products 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 Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders Noteholders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Crown Stock Pledge Agreement (Crown Casino 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 and delivered by the Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders other Secured Parties in a letter or agreement executed and delivered by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Borrower Stock Pledge Agreement (Cogentrix Energy 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 Pledgor Borrower and the Administrative Agent, provided PROVIDED that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Core Mark International 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 Pledgor Borrower and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Paxson Pledge Agreement (Paxson Communications 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 Pledgor and the Administrative Agent, provided PROVIDED that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: BMC Pledge Agreement (Homeside Lending 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 Pledgor and the Administrative Agent, provided each Company and each Subordinated Lender; provided, that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (United Shipping & Technology 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 Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Pediatric 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 Pledgor and the Administrative Agent, provided that any provision of -------- this Agreement may be waived by the Administrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Stock Pledge Agreement (Gem Nevada LLC)

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 Pledgor Borrower and the Administrative Agent, provided PROVIDED that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed facsimile transmission by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/)

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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 Pledgor Borrowers and the Administrative Agent, provided that any provision of this -------- Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Third Amendment (Asi 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 each Pledgor in any way affected thereby and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders Secured Parties in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Security Agreement (Remington Capital 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 Pledgor and the Administrative Agent, provided that that, at the Pledgor's request, any provision of this Agreement for the benefit of the Agent and/or the Lenders may be waived by the Administrative Agent and the Lenders in a written letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Pledge Agreement (Aps Holding Corporation)

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 Pledgor Pledgor, the Agent and the Administrative AgentSecurities Intermediary, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders Beneficiaries in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Cash Collateral Agreement (Kindercare Learning Centers Inc /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 Pledgor each Key Principal and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Limited Recourse Agreement (Rockefeller Center Properties 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 Pledgor and the Administrative Agent, provided that any provision of this Agreement may be -------- waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Pledge Agreement (School Specialty 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 Pledgor and the Administrative Agent, provided that any -------- provision of this Agreement may be waived by the Administrative Agent and the Majority Lenders (or such greater number or percentage of Lenders as provided in the Credit Agreement) in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Stock Pledge Agreement (Gem Nevada LLC)

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 Pledgor Pledgors and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Paxson Pledge Agreement (Paxson Communications 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 Pledgor and the Administrative Agent, the Borrower and the Subordinated Lender; provided that any provision of this Agreement may be waived by the Administrative Agent and the Senior Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Intercreditor and Subordination Agreement (Unidigital 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 such Pledgor and the Administrative Agent, provided that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Paxson Pledge Agreement (Paxson Communications 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 Pledgor and the Administrative Agent, provided PROVIDED that any provision of this Agreement may be waived by the Administrative Agent and the Lenders in a letter or agreement executed facsimile transmission by the Administrative Agent or by telex or facsimile transmission from the Administrative Agent.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Warren S D Co /Pa/)

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