Amendments; Survival Clause Samples
The "Amendments; Survival" clause defines how changes to the agreement can be made and specifies which provisions remain effective after the contract ends. Typically, it requires that any amendments be made in writing and agreed upon by all parties, ensuring that modifications are clear and intentional. Additionally, it identifies certain obligations—such as confidentiality or indemnification—that continue to bind the parties even after termination or expiration of the contract. This clause ensures that important terms survive beyond the contract’s duration and that any changes to the agreement are properly documented, thereby reducing ambiguity and protecting the parties’ interests.
Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 8 or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other Person or the execution by Borrower or any other Person of any such amendment or intercreditor agreement. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent is intended to be within Administrative Agent’s discretion or determination, or otherwise in Administrative Agent’s reasonable determination shall not have a Material Adverse Effect; provided, however, that otherwise no such amendment, waiver or consent shall be effective unless in writing, signed by the Required Lenders and Borrower or the applicable party to the Loan Documents, as the case may be, and acknowledged by Administrative Agent, and each such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; and provided, further, that no such amendment, waiver or consent shall:
(a) extend or increase the Commitment of any Lender (or reinstate any Commitment terminated pursuant to Section 7.2), without the written consent of such Lender (it being understood that a waiver of a Default shall not constitute an extension or increase in any Lender’s Commitment);
(b) postpone any date fixed by this Agreement or any other Loan Document for any payment of principal, interest, fees or other amounts due to Lenders (or any of them) hereunder or under any other Loan Document, without the written consent of each Lender directly affected thereby;
(c) reduce the principal of, or the rate of interest specified herein on, any portion of the Loan, or any fees or other amounts payable hereunder or under any other Loan Document, without the written consent of each Lender directly affected thereby; provided, however, that Administrative Agent may waive any obligation of Borrower to pay interest at the Default Rate and/or late charges for periods of up to thirty (30) days, and only the consent of the Required Lenders shall be necessary ...
Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 5 or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of the Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other person or the execution by Borrower or any other person of any such amendment or intercreditor agreement provided that such matter does not affect Borrower’s rights or
Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 5 (other than with respect to the rights granted to Borrower pursuant to Section 5.9, which shall, to the extent applicable, require the Borrower’s consent) or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of the Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other person or the execution by Borrower or any other person of any such amendment or intercreditor
Amendments; Survival. This Agreement may not be amended except by an amendment in writing signed by all parties hereto; provided, however, that (a) Administrative Agent may elect to waive any term or condition set forth on Schedule I attached hereto, in its sole and absolute discretion, and (b) Administrative Agent and Borrowers may agree to amend Schedule I hereto from time to time without the consent of Escrow Agent, the Lenders or any other party. Administrative Agent and Borrowers shall deliver to Escrow Agent and the Lenders a copy of any amendment to Schedule I hereto promptly following the execution thereof. No delay on the part of any Agent or Lender in the exercise of any right or remedy under this Agreement, any of the Deed in Lieu Documents or any of the Financing Documents shall operate as a waiver thereof. No single or partial exercise by any Agent or Lender of any right or remedy shall preclude other or further exercise thereof or the exercise of any other right or remedy. This Agreement and the covenants, representations, warranties, indemnities, releases, waivers, and other rights and obligations contained herein shall survive the Closing.
Amendments; Survival. Administrative Agent and Lenders shall be entitled to amend (whether pursuant to a separate intercreditor agreement or otherwise) any of the terms, conditions or agreements set forth in Article 8 or as to any other matter in the Loan Documents respecting payments to Administrative Agent or Lenders or the required number of Lenders to approve or disapprove any matter or to take or refrain from taking any action, without the consent of Borrower or any other Person or the execution by Borrower or any other Person of any such amendment or intercreditor agreement. Subject to the foregoing, Administrative Agent may amend or waive any provision of this Agreement or any other Loan Document, or consent to any departure by any party to the Loan Documents therefrom which amendment, waiver or consent is intended to be within Administrative Agent’s discretion or determination, or otherwise
Amendments; Survival. This Agreement may not be amended except by an amendment in writing signed by all parties hereto. This Agreement and the covenants, representations, warranties, indemnities, releases, waivers, and other rights and obligations contained herein shall survive the Closing.
Amendments; Survival. No provision of this Section 7.6 may be amended without the consent of Nema▇▇▇▇. ▇he agreements in this Section 7.6 shall survive termination of this Agreement.
Amendments; Survival. No amendment, modification or alteration of -------------------- the terms hereof shall be effective or binding unless the same be in writing and signed by the parties hereto affected thereby.