Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of or with respect to any provision of this Loan Agreement, the Promissory Note, the Pledge Agreement, or any of the other Loan Documents, nor consent to any departure from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by the party against whom enforcement thereof is sought. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on a party in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. This Loan Agreement embodies the entire agreement and understanding between the Lender and the Borrower and supersedes all prior agreements and understandings relating to the subject matter hereof.
Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of or with respect to any provision of this Agreement, any Notes, or any of the other Loan Documents and all other agreements, instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by any Loan Party from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by the Agent and each Lender (other than any Defaulting Lender except as set forth in the proviso of Section 2.23(b)) except that: (i) any modification or amendment of, or waiver or consent with respect to, Article 4 shall be required to be signed only by the Borrower, Agent and the Required Lenders, and (ii) any modification or amendment of, or waiver or consent with respect to, Articles 1 (other than the definition of “Required Lenders” or any other defined term which is used in the application of any of the provisions of Article 2), 5, 6, 7, 8 (other than Section 8.1 and Section 8.4 hereof) and 10 (other than this Section 10.6) may be signed only by the Borrower, Agent and the Required Lenders. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on any Loan Party in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. Notwithstanding anything to the contrary contained herein, no modification, amendment or waiver of or with respect to any provision of this Agreement, any Notes, or any of the other Loan Documents and all other agreements, instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by any Loan Party from any of the terms or conditions thereof, shall in any event amend, modify or otherwise affect the rights or duties of the Agent or the Lenders hereunder without the prior written consent of the Agent or the Lenders (other than any Defaulting Lender except as set forth in the proviso of Section 2.23(b)), as the case may be. This Agreement and the other Loan Documents embody the entire agreement and understanding among the Lenders, the Agent and the Borrower and supersede all prior agreements and understandings relating to the subject matter hereof.
Modifications, Consents and Waivers; Entire Agreement. No modification or waiver of or with respect to any provision of this Agreement, the Term Note, and the other Loan Documents, nor consent to any departure by the Borrowers from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by both parties, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on the Borrowers (not otherwise required by the terms hereof) shall, of itself entitle the Borrowers to any other or further notice or demand in similar or other circumstances. This Agreement embodies the entire agreement and understanding between the Bank and the Borrowers and supersedes all prior agreements and understandings relating to the subject matter hereof.
Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of or with respect to any provision of this Agreement, any Notes, or any of the other Loan Documents and all other agreements, instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by any Borrower from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by the Agent and each Bank except that: (i) any modification or amendment of, or waiver or consent with respect to, Article 4 shall be required to be signed only by the Agent and the Required Banks, and (ii) any modification or amendment of, or waiver or consent with respect to, Articles 1 (other than the definition of "Required Banks" or any other defined term which is used in the application of any of the provisions of Article 2), 5, 6, 7, 8 (other than Section 8.1 and Section 8.4 hereof) and 10 (other than this Section 10.6) may be signed only by the Agent and the Required Banks. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on any Borrower in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. This Agreement and the other Loan Documents embody the entire agreement and understanding among the Banks, the Agent and the Borrowers and supersede all prior agreements and understandings relating to the subject matter hereof.
Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of or with respect to any provision of this Agreement or the other Operative Documents, nor consent to any departure by any of the eRoom Parties from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by each of the eRoom Parties and the Lender. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on any of the eRoom Parties in any case shall entitle any of the eRoom Parties to any other or further notice or demand in similar or other circumstances. This Agreement embodies the entire agreement and understanding between the Lender and each of the eRoom Parties relating to the subject matter hereof and supersedes all prior agreements and understandings including the Program Agreement; PROVIDED, HOWEVER, that the parties hereto agree that Article IV, "Traditional Equipment Financing" and Article III, Section 8, "Securitization Servicers" of the Program Agreement shall remain in full force and effect and shall be binding on the parties.
Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of, or with respect to, any provision of this Agreement or any other instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by Seller from any of the terms or conditions hereof or thereof, shall in any event be effective unless it shall be in writing and signed by Purchaser. Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on the Seller in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances. This Agreement embodies the entire agreement and understanding between Purchaser and Seller and supersedes all prior agreements and understandings relating to the subject matter hereof.
Modifications, Consents and Waivers; Entire Agreement. No modification, amendment or waiver of or with respect to any provision of this Agreement, any Notes, the Security Documents, or any of the other Loan Documents and all other agreements, instruments and documents delivered pursuant hereto or thereto, nor consent to any departure by the Borrower from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed by the Required Banks; provided, however, that notwithstanding the foregoing, without the written consent of each Bank and the Administrative Agent, in no event shall any amendment, modification, waiver or consent:
Modifications, Consents and Waivers; Entire Agreement. (a) No modification, amendment or waiver of any provision of the Financing Documents, any other agreement, instrument and document delivered pursuant to the Financing Documents or consent to any departure by Borrower from any of the terms or conditions of the Financing Documents shall be effective unless it is in writing and signed by the parties to such Financing Document or other agreement, instrument or document or, in the case of this Agreement, by Agent and by the requisite the Lenders as set forth in Section 16.1(b). Any such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No consent to or demand on Borrower in any case shall, of itself, entitle it to any other or further notice or demand in similar or other circumstances.
Modifications, Consents and Waivers; Entire Agreement. No amendment or waiver of any provision of this Agreement or the Notes or any other Loan Document, nor consent to any departure by the Borrower therefrom, shall in any event be effective unless the same shall be in writing and signed by the Majority Banks, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given; provided, however, that (a) no amendment, waiver or consent shall, unless in writing and signed by all of the Banks, do any of the following at any time: (i) change the percentage of (A) the Revolving Commitments, or (B) the aggregate unpaid principal amount of the Loans that, in each case, shall be required for the Banks or any of them to take any action hereunder; or (ii) amend this Section 10.6 or the definition of Majority Banks; and (b) no amendment, waiver or consent shall, unless in writing and signed by the Majority Banks (except in the case of an increase of Revolving Commitments effected pursuant to Section 2.11 hereof) and each Bank that has a Revolving Commitment affected by such amendment, waiver or consent, (i) increase or decrease the Revolving Commitment of such Bank (it being agreed that waiver of a condition(s) to lend shall not be construed as increasing such Commitments) or subject any Bank to any additional obligations, (ii) reduce the principal of, or interest on (except for waivers of default interest rates), the Notes held by such Bank or any fees or other amounts payable hereunder to such Bank, (iii) change any date fixed for any payment of principal of, or interest on, the Notes held by such Bank or any fees or other amounts payable hereunder to such Bank, or (iv) change the order of application of any prepayment or the pro rata treatment of the Banks set forth in Article 2 hereof in any manner that materially affects such Bank; provided, further, that no amendment, waiver or consent shall, unless in writing and signed by the Swing Line Lender or the Issuing Bank, as applicable, in addition to the Banks required above to take such action, affect the rights or obligations of the Swing Line Lender or the Issuing Bank, as applicable, under this Agreement or any other Loan Document; and provided, further, that no amendment, waiver or consent shall, unless in writing and signed by the Agent in addition to the Banks required above to take such action, affect the rights or duties of the Agent under this Agreement or any other Loan Document. This Agreement embod...
Modifications, Consents and Waivers; Entire Agreement. No modification or amendment of any provision of this Agreement or any of the other Loan Documents shall be effective unless it shall be in writing and signed by the Principal Companies party to the relevant Loan Document. No modification, amendment or waiver of or with respect to any provision of this Agreement or any of the other Loan Documents nor consent to any departure by any Principal Company from any of the terms or conditions thereof, shall in any event be effective unless it shall be in writing and signed or consented to in writing by the Required Lenders. Notwithstanding the foregoing,
