Common use of Waiver; Amendments Clause in Contracts

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement shall be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 7 contracts

Samples: Revolving Credit Agreement (Winmark Corp), Credit Agreement (Nashua Corp), Loan and Security Agreement (ModusLink Global Solutions Inc)

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Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement shall be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 2 contracts

Samples: Credit Reimbursement Agreement (CMS Energy Corp), Letter of Credit Reimbursement Agreement (CMS Energy Corp)

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Note shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 2 contracts

Samples: Credit Agreement (Cabot Microelectronics Corp), Credit Agreement (First Reserve Inc)

Waiver; Amendments. No delay on the part of the Bank or any holder of the Note in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Note shall in any event be effective unless the same shall be in writing and signed and delivered by the BankBank and, and then in the case of any such amendment, amendment or modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which givenCompany.

Appears in 2 contracts

Samples: Credit Agreement (Strategic Distribution Inc), Credit Agreement (Hub International LTD)

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Notes shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 2 contracts

Samples: Credit Agreement (Bingham Financial Services Corp), Credit Agreement (Bingham Financial Services Corp)

Waiver; Amendments. No delay on the part of the Bank or any other ------------------ holder of the Revolving Note in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or any Related Document shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Revolving Credit Agreement (Allscripts Inc /Il)

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or any other Loan Document shall in any event be effective unless the same shall be in writing and signed and delivered by the BankBank and, and then in the case of any such amendment, amendment or modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which givenCompany.

Appears in 1 contract

Samples: Credit Agreement (Weston Roy F Inc)

Waiver; Amendments. No delay on the part of the Bank or the holder of the Note in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude any other or further exercise thereof, or the exercise of any other right, power or remedy. No The concurrence of the Bank shall be required for any amendment, modification or waiver of, or consent with respect to, any provision of this Agreement shall be effective unless Agreement, the same shall be in writing and signed and delivered by Note or other documents, instruments or agreements affecting the rights of the Bank, and then any such . Any amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Term Loan Agreement (Montgomery Ward Holding Corp)

Waiver; Amendments. No delay on the part of the Bank or any holder of the Note or other liability in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the other Loan Documents shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, Bank to Borrower and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (Audio Book Club Inc)

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or any Credit issued hereunder shall be effective unless the same shall be in writing and signed and delivered by the BankBank and the Applicant, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Master Guarantee (Wyeth)

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Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by it of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Note shall in any event be effective unless the same shall be in writing and signed and delivered by the BankBank and the Borrower, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (Cbot Holdings Inc)

Waiver; Amendments. No delay on the part of the Bank Bank, or any other holder of a Note in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Notes shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, Bank and the Borrowers and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (Bogen Communications International Inc)

Waiver; Amendments. No delay on the part of the Bank or the holder of any Note in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or any Related Document shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Master Loan Agreement (Aar Corp)

Waiver; Amendments. No delay on the part of the Bank in the exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Note shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, Bank and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (Mechanical Technology Inc)

Waiver; Amendments. No delay on the part of the Bank in the ------------------ exercise of any right, power or remedy shall operate as a waiver thereof, nor shall any single or partial exercise by any of them of any right, power or remedy preclude other or further exercise thereof, or the exercise of any other right, power or remedy. No amendment, modification or waiver of, or consent with respect to, any provision of this Agreement or the Notes shall in any event be effective unless the same shall be in writing and signed and delivered by the Bank, and then any such amendment, modification, waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.

Appears in 1 contract

Samples: Credit Agreement (World Fuel Services Corp)

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