Must Be In Writing Sample Clauses

Must Be In Writing. No amendment, modification, termination or waiver shall, unless in writing and signed by Lender Agent and Borrowers: (i) reduce the principal amount of or the Interest Rate applicable to the Loans; (ii) extend any scheduled payment date or the Stated Maturity Date; (iii) waive, forgive, defer, extend or postpone any payment of interest; or (iv) release any Guarantor or, except as otherwise permitted herein or in the other Loan Documents, release, or permit Borrowers or Credit Parties to sell or otherwise dispose of, any Collateral. Each amendment, modification, termination or waiver shall be effective only in the specific instance and for the specific purpose for which it was given. Notwithstanding the foregoing, no amendment, modification, termination or waiver shall be required for Lender to take additional Collateral pursuant to any Loan Document. No amendment, modification, termination or waiver of any provision of any of the Notes shall be effective without the written concurrence of the holder of that Note. No notice to or demand on Borrowers or Credit Parties in any case shall entitle Borrowers or Credit Parties to any other or further notice or demand in similar or other circumstances. Any amendment, modification, termination, waiver or consent effected in accordance with this Section 11.2 (Amendments and Waivers) shall be binding upon each holder of the Note in question at the time outstanding and each future holder of said Note.
Must Be In Writing. This requirement sounds straightforward. Not so fast! Many practitioners will be surprised to know that the writing requirement may be satisfied by way of a series of emails back and forth between counsel. In Green v. Midland Mortgage Co., the 14th Court of Appeals in Houston held that the series of emails exchanged between attorneys for the parties were sufficient to satisfy the “in writing” requirement for enforceability. Green v. Midland Mortgage Co., 342 S.W.3d 686, 691-92 (Tex. App.—Houston [14th Dist.] 2011, no pet). While the written Rule 11 agreement must contain the essential elements of the agreement and be complete enough that the contract can be ascertained from looking at the document, the agreement does not have to be contained in one document. Id. It is best practice to ensure that all emails regarding settlement include language demonstrating that there is a potential settlement that needs approval from your client. Statements like “we’ve got a deal” or “that will work” need to be qualified, or they could become part of a chain of emails used as a Rule 11 agreement and used as evidence that you agreed to settlement on your client’s behalf. The email exchange aspect of Rule 11 agreements is a rapidly changing area of the law, and we encourage you to review cases on the subject as decisions are rendered. The Texas Supreme Court delivered an opinion on January 31, 2020 that deals with email agreements and the essential terms that must be present in settlement agreements. See Copano Energy, LLC v. Bujnoch, 593 S.W.3d 721 (Tex. 2020). In Copano, a series of emails were exchanged regarding the details of an anticipated formal written agreement. The plaintiffs claimed the emails exchanged between the parties, taken together, satisfied the elements of an enforceable contract. The Supreme Court concluded that there was no way to “piece together with certainty and clarity a collection of writings showing the essential terms of [a] contract and the parties’ agreement to be bound by those terms.” Id. at 731-32. While the Copano case is viewed through the lens of the Texas Business and Commerce Code, it is about the enforceability of a contract with regard to the statute of frauds, which is the rubric Rule 11 agreements are evaluated against. In Padilla v. La France, the court analogized Rule 11 agreements to the statute of frauds within Texas Business and Commerce Code §26.01. See Padilla v. LaFrance, 907 S.W. 2d 454, 460 (Tex. 1995). To satisfy the st...
Must Be In Writing. This Lease and any Riders attached to the lease can only be changed or amended in writing. Neither the Landlord nor the Tenant may rely on oral notices, discussions or statements of the other party. It is specifically agreed and understood by the parties that no evidence of any oral or written statements except those signed by the parties purposing to change, or modify, or amend the terms of this lease may be introduced at the time of any arbitration, trial, hearing or other legal proceedings. Neither the Landlord nor the Tenant shall rely on any verbal statements of any manager, agent, or employee unless it is set forth in writing and signed by the named parties who also executed this lease.

Related to Must Be In Writing

AGREEMENT IN WRITING If there is conflict or discrepancy between any provision added to this Agreement (including any Schedule attached hereto) and any provision in the standard pre-set portion hereof, the added provision shall supersede the standard pre-set provision to the extent of such conflict or discrepancy. This Agreement including any Schedule attached hereto, shall constitute the entire Agreement between Buyer and Seller. There is no representation, warranty, collateral agreement or condition, which affects this Agreement other than as expressed herein. For the purposes of this Agreement, Seller means vendor and Buyer means purchaser. This Agreement shall be read with all changes of gender or number required by the context.
In writing (a) Any communication in connection with a Finance Document must be in writing and, unless otherwise stated, may be given:
All Proceedings to be Satisfactory All corporate and other proceedings to be taken by the Company in connection with the transactions contemplated hereby and all documents incident thereto shall be satisfactory in form and substance to the Purchasers and their counsel, and the Purchasers and their counsel shall have received all such counterpart originals or certified or other copies of such documents as they reasonably may request.
Modification, Waiver in Writing No modification, amendment, extension, discharge, termination or waiver of any provision of this Agreement, or of the Note, or of any other Loan Document, nor consent to any departure by Borrower therefrom, shall in any event be effective unless the same shall be in a writing signed by the party against whom enforcement is sought, and then such waiver or consent shall be effective only in the specific instance, and for the purpose, for which given. Except as otherwise expressly provided herein, no notice to, or demand on Borrower, shall entitle Borrower to any other or future notice or demand in the same, similar or other circumstances.
Amendment in Writing This Agreement may be amended as provided in the Plan; provided, however, that all such amendments shall be in writing.
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 Credit Agreement and unless in writing and signed by the Collateral 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 Agreement 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.
Holder Action by Written Consent Any action that may be taken by Holders at a meeting may be taken without a meeting and without prior notice if Holders holding at least a Majority in Liquidation Amount of all Preferred Securities entitled to vote in respect of such action (or such lesser or greater proportion thereof as shall be required by any other provision of this Trust Agreement) shall consent to the action in writing; provided, that notice of such action is promptly provided to the Holders of Preferred Securities that did not consent to such action. Any action that may be taken by the Holders of all the Common Securities may be taken without a meeting and without prior notice if such Holders shall consent to the action in writing.
Shareholder Action by Written Consent Any action which may be taken by Shareholders by vote may be taken without a meeting if the holders entitled to vote thereon of the proportion of Shares required for approval of such action at a meeting of Shareholders pursuant to Section 10.4 consent to the action in writing and the written consents are filed with the records of the meetings of Shareholders. Such consent shall be treated for all purposes as a vote taken at a meeting of Shareholders.
Changes in Writing No modification, amendment or waiver of, or consent to any departure by the Borrower from, any provision of this Agreement will be effective unless made in a writing signed by the party to be charged, 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 Borrower will entitle the Borrower to any other or further notice or demand in the same, similar or other circumstance.
Notices in Writing Any notice, demand or document that a Party is required or may desire to give hereunder, except to the extent specifically provided otherwise herein, must be (i) in writing and (ii) given by personal delivery, overnight courier, facsimile, or U.S. mail registered or certified mail, return receipt requested, with the postage prepaid and properly addressed or communicated to such Party at its address or facsimile number set forth in Section 25.2, or at such other address as either Party may have furnished to the other by notice given in accordance with this Section 25.1. Other than notices relating to a Potential Event of Default, a Termination Event, termination of this Agreement, indemnification, assignment and disputes, notice may also be given by electronic mail at such e-mail address as is typically used for such type of matter in the conduct of the recipient’s business. Any notice delivered or made by personal delivery, overnight courier, facsimile, or U.S. mail shall be deemed to be given on the date of actual delivery as shown by the receipt for personal delivery or overnight courier delivery, the addresser’s machine confirmation for facsimile delivery, or the registry or certification receipt for registered or certified mail.