Common use of Amendments, Waivers and Consents Clause in Contracts

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 31 contracts

Samples: Master Loan and Security Agreement (Ostex International Inc /Wa/), Financing Agreement (Pacific Biometrics Inc), Master Loan and Security Agreement (Biotransplant Inc)

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Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower or Lender from any provision of this Agreement shall be effective only by a writing signed by the Lender and the Borrower and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, subject to the first sentence of Section 9.3.

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Pilot Network Services Inc), Master Loan and Security Agreement (Pilot Network Services Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of 18 Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Abovenet Communications Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender (and, with respect to any amendment, the Borrower) and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Genaissance Pharmaceuticals Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Abovenet Communications Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3Lender.

Appears in 1 contract

Samples: Irrevocable Funding Agreement (Longfoot Communications Corp.)

Amendments, Waivers and Consents. Any amendment or amendment, waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and Borrower and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Third Wave Technologies Inc /Wi)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and the Borrower and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Aviron)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and the Borrower and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Dyax Corp)

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Amendments, Waivers and Consents. Any amendment or waiver wavier of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Sonoma Systems)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and Borrower and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Lynx Therapeutics Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of 12 28 Section 9.3.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Abovenet Communications Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any consent to any departure by the Borrower from any provision of this Agreement shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.3. Any amendment of any provision of this Agreement shall be effective only be a writing signed by; the Lender and Borrower.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Nanogen Inc)

Amendments, Waivers and Consents. Any amendment or waiver of any provision of this Agreement and any other Loan Document and any consent to any departure by the Borrower from any provision of this Agreement or other Loan Document shall be effective only by a writing signed by the Lender and shall bind and benefit the Borrower and the Lender and their respective successors and assigns, subject, in the case of the Borrower, to the first sentence of Section 9.311.3.

Appears in 1 contract

Samples: Loan and Security Agreement (Patterson Energy Inc)

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