Common use of Modification in Writing Clause in Contracts

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable Pledgor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 7 contracts

Samples: Security Agreement (Accelerate Diagnostics, Inc), Form of Security Agreement (Biora Therapeutics, Inc.), Security Agreement (Intercept Pharmaceuticals, Inc.)

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Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Administrative Agent and the applicable PledgorPledgors. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 4 contracts

Samples: Credit Agreement (Gentiva Health Services Inc), Security Agreement (Gentiva Health Services Inc), Security Agreement (Gentiva Health Services Inc)

Modification in Writing. No Except as provided in Section 3.5 and Section 5.1, no amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 4 contracts

Samples: Security Agreement (Xperi Holding Corp), Security Agreement (Maxlinear Inc), Security Agreement (Tessera Holding Corp)

Modification in Writing. No amendment, modification, ----------------------- supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor the Mortgagor therefrom, shall be effective unless the same shall be made done in accordance with the terms of the Indenture and unless in writing (including by electronic mail) and signed by the Collateral Agent Mortgagee and the applicable PledgorMortgagor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor the Mortgagor from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementMortgage or any other Collateral Document, no notice to or demand on any Pledgor the Mortgagor in any case shall entitle any Pledgor the Mortgagor to any other or further notice or demand in similar or other circumstances.

Appears in 4 contracts

Samples: Security Agreement (Raceland Truck Plaza & Casino LLC), Security Agreement (Raceland Truck Plaza & Casino LLC), Security Agreement (Raceland Truck Plaza & Casino LLC)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Administrative Agent and the applicable Pledgoreach Pledgor a party hereto. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 3 contracts

Samples: Security Agreement (Uber Technologies, Inc), Security Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

Modification in Writing. No Subject to the Intercreditor Agreement , no amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture ABL Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 3 contracts

Samples: Security Agreement (Norcraft Companies, Inc.), Credit Agreement (Norcraft Companies, Inc.), Security Agreement (Norcraft Companies Lp)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable Pledgor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Security Agreement (Orexigen Therapeutics, Inc.), Security Agreement (Orexigen Therapeutics, Inc.)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any the Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Administrative Agent and the applicable PledgorPledgor a party hereto. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any the Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Obligations, no notice to or demand on any the Pledgor in any case shall entitle any the Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Security Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and Intercreditor Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent applicable Pledgor and the applicable PledgorCollateral Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Security Agreement (Brocade Communications Systems Inc), Security Agreement (Brocade Communications Systems Inc)

Modification in Writing. No amendment, modification, ----------------------- supplement, termination or waiver of or to any provision hereofof this Agreement, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made done in accordance with the terms of the Indenture LLC Mirror Note (as incorporated by reference from the Indenture) and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorSecured Party. Any amendment, modification or supplement of or to any provision hereofof this Agreement, any waiver of any provision hereof of this Agreement and any consent to any departure by any Pledgor from the terms of any provision hereof of this Agreement shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or the LLC Mirror Note, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Securities Pledge Agreement (Coaxial LLC), Securities Pledge Agreement (Coaxial LLC)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement or the Intercreditor Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Security Agreement (Emdeon Inc.), Security Agreement (Emdeon Inc.)

Modification in Writing. No Subject to the Intercreditor Agreement, no amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Term Loan Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 2 contracts

Samples: Canadian Security Agreement (Norcraft Companies Lp), Credit Agreement (Norcraft Companies, Inc.)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent applicable Pledgor and the applicable PledgorAdministrative Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (Brocade Communications Systems Inc)

Modification in Writing. No Subject to the Intercreditor Agreement, no amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture ABL Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (Norcraft Companies, Inc.)

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Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor or the Trustee therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and unless in writing (including by electronic mail) and signed by the Collateral Agent Trustee and the applicable Pledgorany Pledgor affected thereby. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor or the Trustee from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (Us Lec Corp)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and Intercreditor Agreement, if in effect, and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable any affected Pledgor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this Agreement, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (GOOD TECHNOLOGY Corp)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent Pledgors and the applicable PledgorCollateral Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (CPI International Holding Corp.)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Administrative Agent and the applicable Pledgoreach Pledgor a party hereto. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (Uber Technologies, Inc)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and any Revolving Credit Obligations Document and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorAgent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the First Lien Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Revel Entertainment Group, LLC)

Modification in Writing. No Subject to the terms of the Intercreditor Agreement, no amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorTrustee. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Security Agreement (Intcomex Holdings, LLC)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any the Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Administrative Agent and the applicable Pledgor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any the Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any the Pledgor in any case shall entitle any the Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Credit Agreement (Biomarin Pharmaceutical Inc)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefromthere-from, shall be effective unless the same shall be made in accordance with the terms of the Indenture First Lien Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable PledgorFirst Lien Administrative Agent. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: Junior Lien Intercreditor Agreement (American Renal Associates Holdings, Inc.)

Modification in Writing. No amendment, modification, supplement, termination or waiver of or to any provision hereof, nor consent to any departure by any Pledgor therefrom, shall be effective unless the same shall be made in accordance with the terms of the Indenture Credit Agreement and unless in writing (including by electronic mail) and signed by the Collateral Agent and the applicable each Pledgor. Any amendment, modification or supplement of or to any provision hereof, any waiver of any provision hereof and any consent to any departure by any Pledgor from the terms of any provision hereof in each case shall be effective only in the specific instance and for the specific purpose for which made or given. Except where notice is specifically required by this AgreementAgreement or any other document evidencing the Secured Obligations, no notice to or demand on any Pledgor in any case shall entitle any Pledgor to any other or further notice or demand in similar or other circumstances.

Appears in 1 contract

Samples: First Lien Security Agreement (RiskMetrics Group Inc)

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